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The Long, Long Con: Seventy Years of Nuclear Fission; Thousands of Centuries of Nuclear Waste

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From here to eternity: a small plaque on the campus of the University of Chicago commemorates the site of Fermi's first atomic pile--and the start of the world's nuclear waste problem. (Photo: Nathan Guy via Flickr)

From here to eternity: a small plaque on the campus of the University of Chicago commemorates the site of Fermi’s first atomic pile–and the start of the world’s nuclear waste problem. (Photo: Nathan Guy via Flickr)

On December 2, 1942, a small group of physicists under the direction of Enrico Fermi gathered on an old squash court beneath Alonzo Stagg Stadium on the Campus of the University of Chicago to make and witness history. Uranium pellets and graphite blocks had been stacked around cadmium-coated rods as part of an experiment crucial to the Manhattan Project–the program tasked with building an atom bomb for the allied forces in WWII. The experiment was successful, and for 28 minutes, the scientists and dignitaries present observed the world’s first manmade, self-sustaining nuclear fission reaction. They called it an atomic pile–Chicago Pile 1 (CP-1), to be exact–but what Fermi and his team had actually done was build the world’s first nuclear reactor.

The Manhattan Project’s goal was a bomb, but soon after the end of the war, scientists, politicians, the military and private industry looked for ways to harness the power of the atom for civilian use, or, perhaps more to the point, for commercial profit. Fifteen years to the day after CP-1 achieved criticality, President Dwight Eisenhower threw a ceremonial switch to start the reactor at Shippingport, PA, which was billed as the first full-scale nuclear power plant built expressly for civilian electrical generation.

Shippingport was, in reality, little more than a submarine engine on blocks, but the nuclear industry and its acolytes will say that it was the beginning of billions of kilowatts of power, promoted (without a hint of irony) as “clean, safe, and too cheap to meter.” It was also, however, the beginning of what is now a, shall we say, weightier legacy: 72,000 tons of nuclear waste.

Atoms for peace, problems forever

News of Fermi’s initial success was communicated by physicist Arthur Compton to the head of the National Defense Research Committee, James Conant, with artistically coded flair:

Compton: The Italian navigator has landed in the New World.
Conant: How were the natives?
Compton: Very friendly.

But soon after that initial success, CP-1 was disassembled and reassembled a short drive away, in Red Gate Woods. The optimism of the physicists notwithstanding, it was thought best to continue the experiments with better radiation shielding–and slightly removed from the center of a heavily populated campus. The move was perhaps the first necessitated by the uneasy relationship between fissile material and the health and safety of those around it, but if it was understood as a broader cautionary tale, no one let that get in the way of “progress.”

A stamp of approval: the US Postal Service commemorated Eisenhower's initiative in 1955.

A stamp of approval: the US Postal Service commemorated Eisenhower’s initiative in 1955.

By the time the Shippingport reactor went critical, North America already had a nuclear waste problem. The detritus from manufacturing atomic weapons was poisoning surrounding communities at several sites around the continent (not that most civilians knew it at the time). Meltdowns at Chalk River in Canada and the Experimental Breeder Reactor in Idaho had required fevered cleanups, the former of which included the help of a young Navy officer named Jimmy Carter. And the dangers of errant radioisotopes were increasing with the acceleration of above-ground atomic weapons testing. But as President Eisenhower extolled “Atoms for Peace,” and the US Atomic Energy Commission promoted civilian nuclear power at home and abroad, a plan to deal with the “spent fuel” (as used nuclear fuel rods are termed) and other highly radioactive leftovers was not part of the program (beyond, of course, extracting some of the plutonium produced by the fission reaction for bomb production, and the promise that the waste generated by US-built reactors overseas could at some point be marked “return to sender” and repatriated to the United States for disposal).

Attempts at what was called “reprocessing”–the re-refining of used uranium into new reactor fuel–quickly proved expensive, inefficient and dangerous, and created as much radioactive waste as it hoped to reuse. It also provided an obvious avenue for nuclear weapons proliferation because of the resulting production of plutonium. The threat of proliferation (made flesh by India’s test of an atomic bomb in 1976) led President Jimmy Carter to cancel the US reprocessing program in 1977. Attempts by the Department of Energy to push mixed-oxide (MOX) fuel fabrication (combining uranium and plutonium) over the last dozen years has not produced any results, either, despite over $5 billion in government investments.

In fact, there was no official federal policy for the management of used but still highly radioactive nuclear fuel until passage of The Nuclear Waste Policy Act of 1982. And while that law acknowledged the problem of thousands of tons of spent fuel accumulating at US nuclear plants, it didn’t exactly solve it. Instead, the NWPA started a generation of political horse trading, with goals and standards defined more by market exigencies than by science, that leaves America today with what amounts to over five-dozen nominally temporary repositories for high-level radioactive waste–and no defined plan to change that situation anytime soon.

When you assume…

When a US Court of Appeals ruled in June that the Nuclear Regulatory Commission acted improperly when it failed to consider all the risks of storing spent radioactive fuel onsite at the nation’s nuclear power facilities, it made specific reference to the lack of any real answers to the generations-old question of waste storage:

[The Nuclear Regulatory Commission] apparently has no long-term plan other than hoping for a geologic repository. . . . If the government continues to fail in its quest to establish one, then SNF (spent nuclear fuel) will seemingly be stored on site at nuclear plants on a permanent basis. The Commission can and must assess the potential environmental effects of such a failure.

The court concluded the current situation–where spent fuel is stored across the country in what were supposed to be temporary configurations–“poses a dangerous long-term health and environmental risk.”

The decision also harshly criticized regulators for evaluating plant relicensing with the assumption that spent nuclear fuel would be moved to a central long-term waste repository.

A mountain of risks

The Nuclear Waste Policy Act set in motion an elaborate process that was supposed to give the US a number of possible waste sites, but, in the end, the only option seriously explored was the Yucca Mountain site in Nevada. After years of preliminary construction and tens of millions of dollars spent, Yucca was determined to be a bad choice for the waste:

[Yucca Mountain’s] volcanic formation is more porous and less isolated than originally believed–there is evidence that water can seep in, there are seismic concerns, worries about the possibility of new volcanic activity, and a disturbing proximity to underground aquifers. In addition, Yucca mountain has deep spiritual significance for the Shoshone and Paiute peoples.

Every major Nevada politician on both sides of the aisle has opposed the Yucca repository since its inception. Senate Majority Leader Harry Reid has worked most of his political life to block the facility. And with the previous NRC head, Gregory Jaczko, (and now his replacement, Allison Macfarlane, as well) recommending against it, the Obama administration’s Department of Energy moved to end the project.

Even if it were an active option, Yucca Mountain would still be many years and maybe as much as $100 million away from completion. And yet, the nuclear industry (through recipients of its largesse in Congress) has challenged the administration to spend any remaining money in a desperate attempt to keep alive the fantasy of a solution to their waste crisis.

Such fevered dreams, however, do not qualify as an actual plan, according to the courts.

The judges also chastised the NRC for its generic assessment of spent fuel pools, currently packed well beyond their projected capacity at nuclear plants across the United States. Rather than examine each facility and the potential risks specific to its particular storage situation, the NRC had only evaluated the safety risks of onsite storage by looking at a composite of past events. The court ruled that the NRC must appraise each plant individually and account for potential future dangers. Those dangers include leaks, loss of coolant, and failures in the cooling systems, any of which might result in contamination of surrounding areas, overheating and melting of stored rods, and the potential of burning radioactive fuel–risks heightened by the large amounts of fuel now densely packed in the storage pools and underscored by the ongoing disaster at Japan’s Fukushima Daiichi plant.

Indeed, plants were not designed nor built to house nuclear waste long-term. The design life of most reactors in the US was originally 40 years. Discussions of the spent fuel pools usually gave them a 60-year lifespan. That limit seemed to double almost magically as nuclear operators fought to postpone the expense of moving cooler fuel to dry casks and of the final decommissioning of retired reactors.

Everyone out of the pool

As disasters as far afield as the 2011 Tohoku earthquake and last October’s Hurricane Sandy have demonstrated, the storage of spent nuclear fuel in pools requires steady supplies of power and cool water. Any problem that prevents the active circulation of liquid through the spent fuel pools–be it a loss of electricity, the failure of a back-up pump, the clogging of a valve or a leak in the system–means the temperature in the pools will start to rise. If the cooling circuit is out long enough, the water in the pools will start to boil. If the water level dips (due to boiling or a leak) enough to expose hot fuel rods to the air, the metal cladding on the rods will start to burn, in turn heating the fuel even more, resulting in plumes of smoke carrying radioactive isotopes into the atmosphere.

And because these spent fuel pools are so full–containing as much as five times more fuel than they were originally designed to hold, and at densities that come close to those in reactor cores–they both heat stagnant water more quickly and reach volatile temperatures faster when exposed to air.

A spent fuel pool and dry casks. (Both photos courtesy of the US Nuclear Regulatory Commission)

A spent fuel pool and dry casks. (Both photos courtesy of the US Nuclear Regulatory Commission)

After spent uranium has been in a pool for at least five years (considerably longer than most fuel is productive as an energy source inside the reactor), fuel rods are deemed cool enough to be moved to dry casks. Dry casks are sealed steel cylinders filled with spent fuel and inert gas, which are themselves encased in another layer of steel and concrete. These massive fuel “coffins” are then placed outside, spaced on concrete pads, so that air can circulate and continue to disperse heat.

While the long-term safety of dry casks is still in question, the fact that they require no active cooling system gives them an advantage, in the eyes of many experts, over pool storage. As if to highlight that difference, spent fuel pools at Fukushima Daiichi have posed some of the greatest challenges since the March 2011 earthquake and tsunami, whereas, to date, no quake or flood-related problems have been reported with any of Japan’s dry casks. The disparity was so obvious, that the NRC’s own staff review actually added a proposal to the post-Fukushima taskforce report, recommending that US plants take more fuel out of spent fuel pools and move it to dry casks. (A year-and-a-half later, however, there is still no regulation–or even a draft–requiring such a move.)

But current dry cask storage poses its own set of problems. Moving fuel rods from pools to casks is slow and costly–about $1.5 million per cask, or roughly $7 billion to move all of the nation’s spent fuel (a process, it is estimated, that would take no less than five to ten years). That is expensive enough to have many nuclear plant operators lobbying overtime to avoid doing it.

Further, though not as seemingly vulnerable as fuel pools, dry casks are not impervious to natural disaster. In 2011, a moderate earthquake centered about 20 miles from the North Anna, Virginia, nuclear plant caused most of its vertical dry casks–each weighing 115 tons–to shift, some by more than four inches. The facility’s horizontal casks didn’t move, but some showed what was termed “cosmetic damage.”

Dry casks at Michigan’s Palisades plant sit on a pad atop a sand dune just 100 yards from Lake Michigan. An earthquake there could plunge the casks into the water. And the casks at Palisades are so poorly designed and maintained, submersion could result in water contacting the fuel, contaminating the lake and possibly triggering a nuclear chain reaction.

And though each cask contains far less fissile material than one spent fuel pool, casks are still considered possible targets for terrorism. A TOW anti-tank missile would breach even the best dry cask (PDF), and with 25 percent of the nation’s spent fuel now stored in hundreds of casks across the country, all above ground, it provides a rich target environment.

Confidence game

Two months after the Appeals Court found fault with the Nuclear Regulatory Commission’s imaginary waste mitigation scenario, the NRC announced it would suspend the issuing of new reactor operating licenses, license renewals and construction licenses until the agency could craft a new plan for dealing with the nation’s growing spent nuclear fuel crisis. In drafting its new nuclear “Waste Confidence Decision” (NWCD)–the methodology used to assess the hazards of nuclear waste storage–the Commission said it would evaluate all possible options for resolving the issue.

At first, the NRC said this could include both generic and site-specific actions (remember, the court criticized the NRC’s generic appraisals of pool safety), but as the prescribed process now progresses, it appears any new rule will be designed to give the agency, and so, the industry, as much wiggle room as possible. At a public hearing in November, and later at a pair of web conferences in early December, the regulator’s Waste Confidence Directorate (yes, that’s what it is called) outlined three scenarios (PDF) for any future rulemaking:

  • Storage until a repository becomes available at the middle of the century
  • Storage until a repository becomes available at the end of the century
  • Continued storage in the event a repository is not available

And while, given the current state of affairs, the first option seems optimistic, the fact that their best scenario now projects a repository to be ready by about 2050 is a story in itself.

When the Nuclear Waste Policy Act was signed into law by President Reagan early in 1983, it was expected the process it set in motion would present at least one (and preferably another) long-term repository by the late 1990s. But by the time the “Screw Nevada Bill” (as it is affectionately known in the Silver State) locked in Yucca Mountain as the only option for permanent nuclear waste storage, the projected opening was pushed back to 2007.

But Yucca encountered problems from its earliest days, so a mid-’90s revision of the timeline postponed the official start, this time to 2010. By 2006, the Department of Energy was pegging Yucca’s opening at 2017. And, when the NWPA was again revised in 2010–after Yucca was deemed a non-option–it conveniently avoided setting a date for the opening of a national long-term waste repository altogether.

It was that 2010 revision that was thrown out by the courts in June.

“Interim storage” and “likely reactors”

So, the waste panel now has three scenarios–but what are the underlying assumptions for those scenarios? Not, obviously, any particular site for a centralized, permanent home for the nation’s nuclear garbage–no new site has been chosen, and it can’t even be said there is an active process at work that will choose one.

There are the recommendations of a Blue Ribbon Commission (BRC) convened by the president after Yucca Mountain was off the table. Most notable there, was a recommendation for interim waste storage, consolidated at a handful of locations across the country. But consolidated intermediate waste storage has its own difficulties, not the least of which is that no sites have yet been chosen for any such endeavor. (In fact, plans for the Skull Valley repository, thought to be the interim facility closest to approval, were abandoned by its sponsors just days before Christmas.)

Just-retired New Mexico Senator Jeff Bingaman (D), the last chair of the Energy and Natural Resources Committee, tried to turn the BRC recommendations into law. When he introduced his bill in August, however, he had to do so without any cosponsors. Hearings on the Nuclear Waste Administration Act of 2012 were held in September, but the gavel came down on the 112th Congress without any further action.

In spite of the underdeveloped state of intermediate storage, however, when the waste confidence panel was questioned on the possibility, interim waste repositories seemed to emerge, almost on the fly, as an integral part of any revised waste policy rule.

“Will any of your scenarios include interim centralized above-ground storage?” we asked during the last public session. Paul Michalak, who heads the Environmental Impact Statement branch of the Waste Confidence Directorate, first said temporary sites would be considered in the second and third options. Then, after a short pause, Mr. Michalak added (PDF p40), “First one, too. All right. Right. That’s right. So we’re considering an interim consolidated storage facility [in] all three scenarios.”

The lack of certainty on any site or sites is, however, not the only fuzzy part of the picture. As mentioned earlier, the amount of high-level radioactive waste currently on hand in the US and in need of a final resting place is upwards of 70,000 tons–already at the amount that was set as the initial limit for the Yucca Mountain repository. Given that there are still over 100 domestic commercial nuclear reactors more or less in operation, producing something like an additional 2,000 tons of spent fuel every year, what happens to the Waste Confidence Directorate’s scenarios as the years and waste pile up? How much waste were regulators projecting they would have to deal with–how much spent fuel would a waste confidence decision assume the system could confidently handle?

There was initial confusion on what amount of waste–and at what point in time–was informing the process. Pressed for clarification on the last day of hearings, NRC officials finally posited that it was assumed there would be 150,000 metric tons of spent fuel–all deriving from the commercial reactor fleet–by 2050. By the end of the century, the NRC expects to face a mountain of waste weighing 270,000 metric tons (PDF pp38-41) (though this figure was perplexingly termed both a “conservative number” and an “overestimate”).

How did the panel arrive at these numbers? Were they assuming all 104 (soon to be 103–Wisconsin’s Kewaunee Power Station will shut down by mid-2013 for reasons its owner, Dominion Resources, says are based “purely on economics”) commercial reactors nominally in operation would continue to function for that entire time frame–even though many are nearing the end of their design life and none are licensed to continue operation beyond the 2030s? Were they counting reactors like those at San Onofre, which have been offline for almost a year, and are not expected to restart anytime soon? Or the troubled reactors at Ft. Calhoun in Nebraska and Florida’s Crystal River? Neither facility has been functional in recent years, and both have many hurdles to overcome if they are ever to produce power again. Were they factoring in the projected AP1000 reactors in the early stages of construction in Georgia, or the ones slated for South Carolina? Did the NRC expect more or fewer reactors generating waste over the course of the next 88 years?

The response: waste estimates include all existing facilities, plus “likely reactors”–but the NRC cannot say exactly how many reactors that is (PDF p41).

Jamming it through

Answers like those from the Waste Confidence Directorate do not inspire (pardon the expression) confidence for a country looking at a mountain of eternally toxic waste. Just what would the waste confidence decision (and the environmental impact survey that should result from it) actually cover? What would it mandate, and what would change as a result?

How long is it? Does this NRC chart provide a justification for the narrow scope of the waste confidence process? (US Nuclear Regulatory PDF, p12)

How long is it? Does this NRC chart provide a justification for the narrow scope of the waste confidence process? (US Nuclear Regulatory PDF, p12)

In past relicensing hearings–where the public could comment on proposed license extensions on plants already reaching the end of their 40-year design life–objections based on the mounting waste problem and already packed spent fuel pools were waived off by the NRC, which referenced the waste confidence decision as the basis of its rationale. Yet, when discussing the parameters of the process for the latest, court-ordered revision to the NWCD, Dr. Keith McConnell, Director of the Waste Confidence Directorate, asserted that waste confidence was not connected to the site-specific licensed life of operations (PDF p42), but only to a period defined as “Post-Licensed Life Storage” (which appears, if a chart in the directorate’s presentation (PDF p12) is to be taken literally, to extend from 60 years after the initial creation of waste, to 120 years–at which point a phase labeled “Disposal” begins). Issues of spent fuel pool and dry cask safety are the concerns of a specific plant’s relicensing process, said regulators in the latest hearings.

“It’s like dealing with the Mad Hatter,” commented Kevin Kamps, a radioactive waste specialist for industry watchdog Beyond Nuclear. “Jam yesterday, jam tomorrow, but never jam today.”

The edict originated with the White Queen in Lewis Carroll’s Through the Looking Glass, but it is all too appropriate–and no less maddening–when trying to motivate meaningful change at the Nuclear Regulatory Commission. The NRC has used the nuclear waste confidence decision in licensing inquiries, but in these latest scoping hearings, we are told the NWCD does not apply to on-site waste storage. The Appeals Court criticized the lack of site-specificity in the waste storage rules, but the directorate says they are now only working on a generic guideline. The court disapproved of the NRC’s continued relicensing of nuclear facilities based on the assumption of a long-term geologic repository that in reality did not exist–and the NRC said it was suspending licensing pending a new rule–but now regulators say they don’t anticipate the denial or even the delay of any reactor license application while they await the new waste confidence decision (PDF pp49-50).

In fact, the NRC has continued the review process on pending applications, even though there is now no working NWCD–something deemed essential by the courts–against which to evaluate new licenses.

The period for public comment on the scope of the waste confidence decision ended January 2, and no more scoping hearings are planned. There will be other periods for civic involvement–during the environmental impact survey and rulemaking phases–but, with each step, the areas open to input diminish. And the current schedule has the entire process greatly accelerated over previous revisions.

On January 3, a coalition of 24 grassroots environmental groups filed documents with the Nuclear Regulatory Commission (PDF) protesting “the ‘hurry up’ two-year timeframe” for this assessment, noting the time allotted for environmental review falls far short of the 2019 estimate set by the NRC’s own technical staff. The coalition observed that two years was also not enough time to integrate post-Fukushima recommendations, and that the NRC was narrowing the scope of the decision–ignoring specific instructions from the Appeals Court–in order to accelerate the drafting of a new waste storage rule.

Speed might seem a valuable asset if the NRC were shepherding a Manhattan Project-style push for a solution to the ever-growing waste problem–the one that began with the original Manhattan Project–but that is not what is at work here. Instead, the NRC, under court order, is trying to set the rules for determining the risk of all that high-level radioactive waste if there is no new, feasible solution. The NRC is looking for a way to permit the continued operation of the US nuclear fleet–and so the continued manufacture of nuclear waste–without an answer to the bigger, pressing question.

A plan called HOSS

While there is much to debate about what a true permanent solution to the nuclear waste problem might look like, there is little question that the status quo is unacceptable. Spent fuel pools were never intended to be used as they are now used–re-racked and densely packed with over a generation of fuel assemblies. Both the short- and long-term safety and security of the pools has now been questioned by the courts and laid bare by reality. Pools at numerous US facilities have leaked radioactive waste (PDF) into rivers, groundwater and soil. Sudden “drain downs” have come perilously close to triggering major accidents in plants shockingly close to major population centers. Recent hurricanes have knocked out power to cooling systems and flooded backup generators, and last fall’s superstorm came within inches of overwhelming the coolant intake structure at Oyster Creek in New Jersey.

The crisis at Japan’s Fukushima Daiichi facility was so dangerous and remains dangerous to this day in part because of the large amounts of spent fuel stored in pools next to the reactors but outside of containment–a design identical to 35 US nuclear reactors. A number of these GE Mark 1 Boiling Water Reactors–such as Oyster Creek and Vermont Yankee–have more spent fuel packed into their individual pools than all the waste in Fukushima Daiichi Units 1, 2, 3, and 4 combined.

Dry casks, the obvious next “less-bad” option for high-level radioactive waste, were also not supposed to be a permanent panacea. The design requirements and manufacturing regulations of casks–especially the earliest generations–do not guarantee their reliability anywhere near the 100 to 300 years now being casually tossed around by NRC officials. Some of the nation’s older dry casks (which in this case means 15 to 25 years) have already shown seal failures and structural wear (PDF). Yet, the government does not require direct monitoring of casks for excessive heat or radioactive leaks–only periodic “walkthroughs.”

Add in the reluctance of plant operators to spend money on dry cask transfer and the lack of any workable plan to quickly remove radioactive fuel from failed casks, and dry cask storage also appears to fail to attain any court-ordered level of confidence.

Interim plans, such as regional consolidated above-ground storage, remain just that–plans. There are no sites selected and no designs for such a facility up for public scrutiny. What is readily apparent, though, is that the frequent transport of nuclear waste increases the risk of nuclear accidents. There does not, as of now, exist a transfer container that is wholly leak proof, accident proof, and impervious to terrorist attack. Moving high-level radioactive waste across the nation’s highways, rail lines and waterways has raised fears of “Mobile Chernobyls” and “Floating Fukushimas.”

More troubling still, if past (and present) is prologue, is the tendency of options designed as “interim” to morph into a default “permanent.” Can the nation afford to kick the can once more, spending tens (if not hundreds) of millions of dollars on a “solution” that will only add a collection of new challenges to the existing roster of problems? What will the interim facilities become beyond the next problem, the next site for costly mountains of poorly stored, dangerous waste?

Hardened: The more robust HOSS option as proposed in 2003. (From "Robust Storage of Spent Nuclear Fuel: A Neglected Issue of Homeland Security" courtesy of the Nuclear Information and Resource Service)

Hardened: The more robust HOSS option as proposed in 2003. (From “Robust Storage of Spent Nuclear Fuel: A Neglected Issue of Homeland Security” courtesy of the Nuclear Information and Resource Service)

If there is an interim option favored by many nuclear experts, engineers and environmentalists (PDF), it is something called HOSS–Hardened On-Site Storage (PDF). HOSS is a version of dry cask storage that is designed and manufactured to last longer, is better protected against leaks and better shielded from potential attacks. Proposals (PDF) involve steel, concrete and earthen barriers incorporating proper ventilation and direct monitoring for heat and radiation.

But not all reactor sites are good candidates for HOSS. Some are too close to rivers that regularly flood, some are vulnerable to the rising seas and increasingly severe storms brought on by climate change, and others are close to active geologic fault zones. For facilities where hardened on-site storage would be an option, nuclear operators will no doubt fight the requirements because of the increased costs above and beyond the price of standard dry cask storage, which most plant owners already try to avoid or delay.

The first rule of holes

Mixed messages: A simple stone marker in Red Gate Woods, just outside Chicago, tries to both warn and reassure visitors to this public park. (Photo: Kevin Kamps, Beyond Nuclear. Used by permission.)

Mixed messages: A simple stone marker in Red Gate Woods, just outside Chicago, tries to both warn and reassure visitors to this public park. (Photo: Kevin Kamps, Beyond Nuclear. Used by permission.)

In a wooded park just outside Chicago sits a dirt mound, near a bike path, that contains parts of the still-highly radioactive remains of CP-1, the world’s first atomic pile. Seven decades after that nuclear fuel was first buried, many health experts would not recommend that spot (PDF) for a long, languorous picnic, nor would they recommend drinking from nearby water fountains. To look at it in terms Arthur Compton might favor, when it comes to the products of nuclear chain reactions, the natives are restless. . . and will remain so for millennia to come.

One can perhaps forgive those working in the pressure cooker of the Manhattan Project and in the middle of a world war for ignoring the forest for the trees–for not considering waste disposal while pursuing a self-sustaining nuclear chain reaction. Perhaps. But, as the burial mound in Red Gate Woods reminds us, ignoring a problem does not make it go away.

And if that small pile, or the mountains of spent fuel precariously stored around the nation are not enough of a prompt, the roughly $960 million that the federal government has had to pay private nuclear operators should be. For every year that the Department of Energy does not provide a permanent waste repository–or at least some option that takes the burden of storing spent nuclear fuel off the hands (and off the books) of power companies–the government is obligated to reimburse the industry for the costs of onsite waste storage. By 2020, it is estimated that $11 billion in public money will have been transferred into the pockets of private nuclear companies. By law, these payments cannot be drawn from the ratepayer-fed fund that is earmarked for a permanent geologic repository, and so, these liabilities must be paid out of the federal budget. Legal fees for defending the DoE against these claims will add another 20 to 30 percent to settlement costs.

The Federal Appeals Court, too, has sent a clear message that the buck needs to stop somewhere at some point–and that such a time and place should be both explicit and realistic. The nuclear waste confidence scoping process, however, is already giving the impression that the NRC’s next move will be generic and improbable.

The late, great Texas journalist Molly Ivins once remarked, “The first rule of holes” is “when you’re in one, stop digging.” For high-level radioactive waste, that hole is now a mountain, over 70 years in the making and over 70,000 tons high. If the history of the atomic age is not evidence enough, the implications of the waste confidence decision process put the current crisis in stark relief. There is, right now, no good option for dealing with the nuclear detritus currently on hand, and there is not even a plan to develop a good option in the near future. Without a way to safely store the mountain of waste already created, under what rationale can a responsible government permit the manufacture of so much more?

The federal government spends billions to perpetuate and protect the nuclear industry–and plans to spend billions more to expand the number of commercial reactors. Dozens of facilities already are past, or are fast approaching, the end of their design lives, but the Nuclear Regulatory Commission has yet to reject any request for an operating license extension–and it is poised to approve many more, nuclear waste confidence decision not withstanding. Plant operators continue to balk at any additional regulations that would require better waste management.

The lesson of the first 70 years of fission is that we cannot endure more of the same. The government–from the DoE to the NRC–should reorient its priorities from creating more nuclear waste to safely and securely containing what is now here. Money slated for subsidizing current reactors and building new ones would be better spent on shuttering aging plants, designing better storage options for their waste, modernizing the electrical grid, and developing sustainable energy alternatives. (And reducing demand through conservation programs should always be part of the conversation.)

Enrico Fermi might not have foreseen (or cared about) the mountain of waste that began with his first atomic pile, but current scientists, regulators and elected officials have the benefit of hindsight. If the first rule of holes says stop digging, then the dictum here should be that when you’re trying to summit a mountain, you don’t keep shoveling more garbage on top.

A version of this story previously appeared on Truthout; no version may be reprinted without permission.

Yule Fuel

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Yes, it’s time for that metaphor again. If you grew up near a TV during the 1960s or ’70s, you probably remember the ever-burning Yule Log that took the place of programming for a large portion of Christmas Day. The fire burned, it seemed, perpetually, never appearing to consume the log, never dimming, and never, as best the kid who stared at the television could tell, ever repeating.

Now, if you have been watching this space about as intently as I once stared at that video hearth, perhaps you are thinking that this eternal flame is about to reveal itself as a stand-in for nuclear power. You know, the theoretically bottomless, seemingly self-sustaining, present yet distant, ethereal energy source that’s clean, safe and too cheap to meter. Behold: a source of warmth and light that lasts forever!

Yeah. . . you wish! Or, at least you’d wish if you were a part of the nuclear industry or one of its purchased proxies.

But wishing does not make it so. A quick look at the US commercial reactor fleet proves there is nothing perpetual or predictable about this supposedly dependable power source.

Both reactors at San Onofre have been offline for almost a year, after a radioactive leak revealed dangerously worn heat transfer tubes. Nebraska’s Fort Calhoun plant has been shutdown since April of 2011, initially because of flooding from the Missouri River, but now because of a long list of safety issues. And it has been 39 months since Florida’s Crystal River reactor has generated even a single kilowatt, thanks to a disastrously botched repair to its containment that has still not been put right.

October’s Hurricane Sandy triggered scrams at two eastern nuclear plants, and induced an alert at New Jersey’s Oyster Creek reactor because flooding threatened spent fuel storage. Other damage discovered at Oyster Creek after the storm, kept the facility offline for five weeks more.

Another plant that scrammed during Sandy, New York’s Nine Mile Point, is offline again (for the third, or is it the fourth time since the superstorm?), this time because of a containment leak. (Yes, a containment leak!)

Other plants that have seen substantial, unplanned interruptions in power generation this year include Indian Point, Davis-Besse, Diablo Canyon, Hope Creek, Calvert Cliffs, Byron, St. Lucie, Pilgrim, Millstone, Susquehanna, Prairie Island, Palisades. . . honestly, the list can–and does–go on and on. . . and on. Atom-heads love to excuse the mammoth capital investments and decades-long lead times needed to get nuclear power plants online by saying, “yeah, but once up, they are like, 24/7/365. . . dude!”

Except, of course, as 2012–or any other year–proves, they are very, very far from anything like that. . . dude.

So, no, that forever-flame on the YuleTube is not a good metaphor for nuclear power. It is, however, a pretty good reminder of the still going, still growing problem of nuclear waste.

December saw the 70th anniversary of the first self-sustaining nuclear chain reaction, and the 30th anniversary of the first Nuclear Waste Policy Act. If the 40-year difference in those anniversaries strikes you as a bit long, well, you don’t know the half of it. (In the coming weeks, I hope to say more about this.) At present, the United States nuclear power establishment is straining to cope with a mountain of high-level radioactive waste now exceeding 70,000 tons. And with each year, the country will add approximately 2,000 more tons to the pile.

And all of this waste, sitting in spent fuel pools and above-ground dry casks– supposedly temporary storage–at nuclear facilities across the US, will remain extremely toxic for generations. . . for thousands and thousands of generations.

There is still no viable plan to dispose of any of this waste, but the nation’s creaky reactor fleet continues to make it. And with each refueling, another load is shoehorned into overcrowded onsite storage, increasing the problem, and increasing the danger of spent fuel accidents, including, believe it or not, a type of fire that cannot be extinguished with water.

So, if you want to stare at a burning log and think about something, think about how that log is not so unlike a nuclear fuel assembly exposed to air for a day or two. . . or think of how, even if it is not actually burning, the high levels of radiation tossed out from those uranium “logs” will create heat and headaches for hundreds of thousands of yuletides to come.

Oh, and, if you are still staring at the Yule log on a cathode ray tube television, don’t sit too close. . . because, you know, radiation.

Merry Christmas.

Edison Con? San Onofre Nuclear Plant Owner Proposes Reactor Restart

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Containment domes or shell game? (Aerial view of San Onofre Nuclear Generating Station by Jelson25 via wikipedia)

Southern California Edison (SCE), the operator of the troubled San Onofre Nuclear Generating Station (SONGS), has proposed to restart one of the facility’s two damaged reactors without repairing or replacing the parts at the root of January’s shutdown. The Thursday announcement came over eight months after a ruptured heat transfer tube leaked radioactive steam, scramming Unit 3 and taking the entire plant offline. (Unit 2, offline for maintenance, revealed similar tube wear in a subsequent inspection; Unit 1 was taken out of service in 1992.)

But perhaps more tellingly, Edison’s plan–which must be reviewed by the Nuclear Regulatory Commission–was issued just weeks before the mandated start of hearings on rate cuts. California law requires an investigation into ratepayer relief when a facility fails to deliver electricity for nine months. Support of the zombie San Onofre plant has cost California consumers $54 million a month since the shutdown. It has been widely believed since spring that Unit 3 would likely never be able to safely generate power, and that the almost identical Unit 2 was similarly handicapped and would require a complete overhaul for its restart to even be considered.

Yet, calls for more immediate rate rollbacks were rebuffed by Edison and ignored by members of the California Public Utilities Commission (CPUC). Despite studies that showed SONGS tube wear and failure was due to bad modeling and flawed design, and a company pledge to layoff of one-third of plant employees, San Onofre’s operators claimed they were still pursuing a restart.

Thursday’s proposal for that restart does not directly engage any of the concerns voiced by nuclear engineers and watchdog groups.

When SONGS installed new turbines in 2010 and 2011, it did not replace “like with like”–that would have required a costly custom machining of parts no longer routinely manufactured. Instead, San Onofre’s owners moved to “uprate” their generators–cramming in more transfer tubes to increase output–with the nuclear industry equivalent of “off the shelf” parts. It was a transparently profit-driven decision, but more crucially, it was a major design change that should have required a lengthy license-amendment process at the NRC.

Federal regulators, however, took on faith industry assurances that changes were not that big a deal, and approved San Onofre’s massive retrofit without an extensive investigation into the plan.

What is now understood to have happened is that the design of new parts for San Onofre was based on flawed computer models that failed to anticipate new fluid dynamics, increased vibration, and more rapid wear in the numerous thin, metal, heat transfer tubes. It’s a flaw that presumably would have turned up in a more rigorous regulatory review, and, again, a problem not directly addressed by Edison’s restart plan.

Rather than repair or replace the tubes and turbines, San Onofre’s owners propose to simply plug the most severely degraded tubes in Unit 2 and then run that reactor at 70 percent power. After five months, Unit 2 would be shut down and inspected. (There was no plan offered for the future of Unit 3.)

Why 70 percent? Edison said it believes that would lessen vibration and decrease the rate of wear on the heat transfer tubes. Does that make any scientific sense? Not in the eyes of nuclear engineer Arnie Gundersen, who has produced three studies on San Onofre’s problems:

Restarting San Onofre without repairing the underlying problems first turns Southern California into a massive science experiment. Running at the reactor at a 30 percent reduction in power may not fix the problems but rather make them worse or shift the damage to another part of the generators. It’s a real gamble to restart either unit without undertaking repairs or replacing the damaged equipment.

S. David Freeman, former head of the Los Angeles Department of Water and Power, as well as the Tennessee Valley Authority, and now a senior advisor to Friends of the Earth, is even more pointed:

Neither of the reactors at San Onofre are safe to operate. While Edison may be under financial pressure to get one up and running, operating this badly damaged reactor at reduced power without fixing or replacing these leaky generators is like driving a car with worn-out brakes but promising to keep it under 50 miles an hour.

That is the scenario now before the NRC. An experimental roll of the dice within 50 miles of 8.4 million California residents, offered up with a “trust us” by the same folks who got the modeling dangerously wrong last time, versus multiple studies calling into question the viability of a plant that already has a long history of safety and engineering problems. Regulators are at least talking as if they understand:

“The agency will not permit a restart unless and until we can conclude the reactor can be operated safely,” NRC Chairman Allison Macfarlane said. “Our inspections and review will be painstaking, thorough and will not be rushed.”

The right words, but hardly reassuring ones given the commission’s past actions (or inactions) on San Onofre and numerous other dangerous events across the nation’s aging nuclear fleet.

The sting that keeps on stinging

But does NRC approval really matter to Southern California Edison, at least in the short run?

Operating only one of San Onofre’s reactors at two-thirds of its proposed output for five months sometime next year–which is the best-case scenario–does not provide a meaningful addition to California’s near- or long-term energy outlook. (California officials are already making plans for another year without San Onofre.) In addition, San Onofre has other problems to address, such as aforementioned staffing issues, new seismic evaluations required in the wake of the Fukushima disaster, newfound safety lapses, and ongoing concerns about the quality of the concrete used to plug 28-foot holes in both reactors’ containment domes (the holes were cut for installation of the new turbines, inquiries about the strength and durability of the concrete were made a year ago, but, to date, the NRC has not released a report).

But Thursday’s proposal does provide Edison with a modicum of cover going into an October 9 public information session and the upcoming debate over whether California consumers should still have to pay for a power plant that provides no power.

Indeed, billing for services not rendered could be considered a profit center for the US nuclear industry. San Onofre is but one case; ratepayers in Florida are also familiar with the scam.

The same day SCE submitted its SONGS plan, attorneys for the Florida Public Service Commission (PSC), Progress Energy and Florida Power & Light (FPL), appeared before the Florida Supreme Court to defend an “advance fee” that has allowed the utilities to soak Sunshine State ratepayers for upwards of $1 billion. The money collected, and additional fees approved last year by the PSC, are slated for the construction of new nuclear reactors in Levy County and at Turkey Point.

The court challenge was brought by the Southern Alliance for Clean Energy, which contends there is little evidence Progress or FPL can or ever really intend to build the new facilities. Indeed, FPL has spent some of its takings on existing operations, while Progress has blown hundreds of millions of dollars trying to repair its Crystal River nuclear plant, which has been offline since 2009, and likely will never return to service.

What do attorneys for the utilities say when challenged on these points? That their intent is borne out by the fact that both are still seeking construction and operating licenses from the Nuclear Regulatory Commission.

There is no indication NRC approval on those projects is imminent (in fact, no NRC approvals of any projects are imminent), nor are there any guarantees that the projects could be fully financed even with licenses and all that ratepayer cash.

But, be it for future fantasies or current failures, from Florida to California, electricity consumers are paying higher prices to perpetuate the myth of a nuclear renaissance and balance the books of the nuclear industry. . . while industry officials, lobbyists and favored politicians pocket a healthy share.

And not satisfied with that cushy arrangement, San Onofre’s operators are also pushing for permission to move its ratepayer-financed decommissioning fund into riskier investment properties. The industry promises this will bring higher yields, but, of course, it also chances bigger losses–and it guarantees larger fees, which would be passed on to Southern California consumers upon CPUC approval.

None of these actions–not the investment games, the rate hikes or the experiment with San Onofre’s damaged reactor–are actually about providing a steady supply of safe, affordable energy. These are all pecuniary plays. Across the country and across the board, nuclear operators seem more interested in cashing in than putting out.

More prudent for governments and utility commissions, and more beneficial for ratepayers, of course, would be to stop paying the vig to nuclear’s loan sharks, stop throwing good money after bad in a sector that is dying and dangerous, and start making investments in truly clean, truly renewable, and increasingly far more economical 21st Century energy technologies.

Until that happens, the most profitable thing about nuclear power will continue to be the capacity to charge for a service that might never be provided. Private utilities have understood this for a long time; ratepayers are becoming painfully aware of it, too. The question is, when will government regulators and utility commissions understand it–or at least fess up to being in on the con?

* * * *

Stop the Madness! Or at least learn more about it. Join me on Saturday, October 13, at 5 PM Eastern time (2 PM Pacific) when I host an FDL Book Salon chat with Joseph Mangano, author of Mad Science: The Nuclear Power Experiment.

San Onofre, 1968 – 2012

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San Onofre Nuclear Generating Station, dead at 44. (photo: Joe Wolf)

San Onofre Nuclear Generating Station, the twin-reactor power plant that spread its isotopic glow across coastal communities from Los Angeles to San Diego, was declared dead last week. SONGS, as it was affectionately known, was 44, though many of its parts are considerably younger.

Originally conceived as a single Westinghouse pressurized water reactor in 1964, San Onofre was officially commissioned on January 1, 1968. Two additional units were brought online in the early 1980s. The original Unit 1 was closed permanently in 1992, and stands as a radiant monument to nuclear’s 20th Century aspirations.

With its proximity to seismic fault lines and a history of accidents, security breaches and safety complaints, SONGS has long been deemed one of the most difficult siblings in its nuclear family. Units 2 and 3 have been offline since January of this year due to a leak of radioactive steam from a heat transfer tube. Subsequent inspections of the tubes–completely redesigned and replaced when SONGS got an extreme makeover in 2010 and 2011–revealed alarming rates of wear previously unseen at any similar facility. Both reactors have been considered too damaged to simply restart since the initial discovery.

Though multiple scientists, engineers, public interest groups and government agencies diagnosed San Onofre’s troubles as terminal early in the year, Southern California Edison and San Diego Gas & Electric, SONGS’ “guardians” held out hope (or more likely just put on a brave face for the sake of family and friends–also known as “shareholders”) that their beloved ward could be revived. A decision last month to remove the nuclear fuel from Unit 3 made it hard to maintain that façade, and news late last week that the utilities were planning for a 2013 summer without any power produced or transferred by San Onofre made it clear that even SONGS’ oldest friends understood it was time to “pull the plug,” as electrical types are wont to say.

San Onofre is survived by its California cousin, Diablo Canyon, and 100 other frail and faltering nuclear reactors nationwide. At the time of this writing, funeral arrangements have still not been made official.

* * * *

And there’s the rub. While it is the present reality and the obvious future, the final shuttering of San Onofre has not been made official. Not by its operators, and not yet even by the California Public Utilities Commission. Acknowledging the nuclear plant’s demise would trigger a review process that would result in rate reductions for Edison and SDG&E customers. Those reviews will kick in automatically in a couple of months because SONGS has failed to generate a single kilowatt of electricity from February on, but the owner-operators of the plant have fought to drag the process out to its longest legal limit, despite the widespread understanding that a restart of even one reactor is at best very far off and likely just never to be.

The head of the Nuclear Regulatory Commission, Allison Macfarlane, has asked for a letter from Edison detailing the “root causes” of the leak and tube degradation. Edison said that letter would be delivered by the end of the first week in October. That letter will not contain any kind of a plan for a restart of Unit 2 (no one is talking about restarting Unit 3), and the NRC will have to review Edison’s report for months before there is any possibility of repair work (realistically, there should be no possibility of repair to Unit 2, since its damage is comparable to the essentially condemned third unit, but this is how these things play out, and, sadly, stranger things have happened).

Meanwhile, Edison has announced it will cut San Onofre’s workforce by one-third (730 jobs), another clear signal that nothing like a restart will be happening any time in the predictable future.

With this reality universally understood and effectively acknowledged by all parties, the NRC should stop wasting resources on any plan for a restart, and start asking the tough questions about decommissioning SONGS. And it borders on corrupt that SCE and SDG&E are still charging ratepayers $54 million a month for service not rendered, with no promise that it ever will be. The California PUC should remove San Onofre from the utilities’ rate base now.

Shockingly, some on the CPUC are looking to make this scandalous situation worse. Over the life of San Onofre, utilities customers have paid into a decommissioning fund–and though the balance in that account now approaches $3 billion, it is still considered underfunded by at least 25 percent. And now, one commissioner, Tim Simon, a former securities industry attorney, is publicly advocating lifting limits on how that money could be invested, arguing that riskier bets would yield higher returns. This suggestion was voiced last week, after the decision was made to remove the fuel from Unit 3, after the NRC made it clear that a restart of Unit 2 was far from guaranteed, and, of course, over eight months after SONGS stopped generating power altogether. It also comes after the NRC announced a delay in any final decisions on relicensing until the government developed a new radioactive waste disposal scheme, a process expected to take at least two years.

Consumer advocate Matt Freedman of The Utility Reform Network (TURN) sees this idea for what it is–socialized risk, privatized return:

“It‘s a maxim of retirement planning that as you get closer to your own personal retirement, your investments get more conservative,” Freedman said, “not more risky. But in this case, Commissioner Simon is suggesting that as these units near their retirement, that we should begin to invest more of the money in very risky investments.”

Freedman said the proposal on the table appears designed to benefit investment managers who would charge higher fees for new categories of investments. He said without a lot of time to ride out market fluctuations, ratepayers could be left on the hook for any depletion of the fund caused by market drops.

Naturally, San Diego Gas & Electric finds Simon’s idea appealing, but in the same breath, the company notes such a move means higher fees–fees that could be passed on to ratepayers with CPUC approval. It appears to be another sign that the utilities are looking to cash in before San Onofre officially is forced to check out.

But in times of trouble, responsibility ultimately rests with the family (aka the shareholders) to confront the hard truths. Owners of Edison and SDG&E stock should demand that the boards of these companies stop wasting shareholders’ money and everyone’s time and get on with divesting from their dirty, dangerous, and expensive involvement with nuclear power.

A public wake–also known as a public meeting–will be held for San Onofre by the NRC on October 9 from 6 to 9:30 PM at the St. Regis Monarch Beach Hotel in Dana Point. Mourning attire optional.

End-of-Summer News Puts Nuclear Renaissance on Permanent Vacation

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Calvert Cliffs Nuclear Power Plant, Units 1 & 2, near Lusby Maryland. (photo: NRCgov)

The Nuclear Regulatory Commission cannot issue a license for the construction and operation of a new nuclear reactor in Maryland–that is the ruling of the NRC’s Atomic Safety and Licensing Board (ASLB) handed down Thursday.

In their decision, the ASLB agreed with intervenors that the Calvert Cliffs 3 reactor project planned for the shores of Chesapeake Bay violated the Atomic Energy Act’s prohibition against “foreign ownership, control, or domination.” UniStar, the parent company for the proposal, is wholly owned by French energy giant Électricité de France (EDF).

EDF had originally partnered with Constellation Energy, the operator of two existing Calvert Cliffs reactors, but Constellation pulled out of the project in 2010. At the time, Constellation balked at government requirements that Constellation put $880 million down on a federal loan guarantee of $7.6 billion (about 12 percent). Constellation wanted to risk no more than one or two percent of their own capital, terms the feds were then willing to meet if Constellation and EDF could guarantee the plant’s completion. Constellation also found that requirement too onerous.

Constellation has since been purchased by Exelon.

The ASLB decision technically gives EDF 60 days to find a new American partner, but given the history and the current state of the energy market, new suitors seem highly unlikely. It marks only the second time a license has been denied by the ASLB. (The first, for the Byron, Illinois plant in 1984 was overturned on appeal. Byron opened the next year, and Illinois’s groundwater has never been the same.) The NRC also declined to grant a license to the South Texas Project late last year when US-based NRG Energy (corporate ID courtesy of the Department of Redundancy Department) pulled out of the project, leaving Japanese-owned Toshiba as the only stakeholder.

The Calvert Cliffs intervenors were led by the Nuclear Information and Resource Service (NIRS), which has been fighting Calvert Cliffs 3 almost since its inception. NIRS was joined by Beyond Nuclear, Public Citizen and Southern Maryland CARES.

Michael Mariotte, Executive director of NIRS, called Thursday’s decision “a blow to the so-called ‘nuclear renaissance,'” noting that back in 2007, when permit requests were submitted for Calvert Cliffs 3, the project was considered the “flagship” of a coming fleet of new reactors. “Now,” said Mariotte, “it is a symbol for the deservedly failed revival of nuclear power in the US.”

A symbol, yes, but far from the only symbol.

Earlier in the week, Exelon notified the Nuclear Regulatory Commission that it would withdraw its application for an “early site permit” for a proposed nuclear facility near Victoria, Texas. A combined construction and operating license was originally sought for two reactors back in 2008, but by 2010, with demand down and nuclear costs continuing to skyrocket, Exelon backed off that request, essentially downgrading it to “just keeping a toe in the water” status.

Now, with the price of a new nuke plant climbing higher still–even though the economy remains sluggish–and with natural gas prices continuing to fall, that toe has been toweled dry. “Today’s withdrawal brings an end to all project activity,” said an Exelon statement issued Tuesday.

And on Monday, the operators of the troubled San Onofre Nuclear Generating Station let it be known that they would start removing the radioactive fuel from Unit 3 sometime in September. Unit 3 has been offline since it scrammed after a heat exchange tube leaked radioactive steam at the end of January. Later inspection revealed that numerous tubes on the unit, as well as on its previously shut-down twin, showed alarming and dangerous amounts of wear.

Removing the fuel rods all-but-confirms what most experts already knew: SONGS 3 will never come back online. Southern California Edison, the plant’s majority operator, might not want to admit that, but earlier in August, SCE announced plans for 730 layoffs, roughly a third of the plant’s workforce. That size of reduction makes repairing, testing and restarting both San Onofre reactors unfeasible. Or, to look at it through the other end of the telescope, as David Lochbaum, director of the Union of Concerned Scientists put it, “reducing the scope of required work at the jobsite is a good thing to do before discharging workers.”

Mothballing Unit 3 will reduce the workload, but with the entire facility offline for most of this year, SONGS is already an economic sinkhole. Strangely, despite failing to generate a single kilowatt of energy in eight months, SCE and co-owner San Diego Gas & Electric have continued to collect $54 million of revenue every month from California ratepayers.

The California Public Utilities Commission has to investigate rate cuts when a plant fails to deliver for nine months (so, officially, November and December, for the two SONGS reactors), but that process would start sooner if it were determined that a reactor would never come back into service. Neither San Onofre reactor will restart before the end of the year, and it is now clearer than a San Diego summer sky that the number 3 reactor never will. Scientists know this, engineers know this, utilities commissioners know this, and even Southern California Edison knows this–but SCE won’t say it because that would hasten the start of rate rollbacks.

Calvert Cliffs being in the news this time of year also calls to mind how well nuclear plants do in hurricanes. . . as in, not very well at all. Last year, as Hurricane Irene marched up the Atlantic coast, the two existing reactors at Calvert Cliffs had to scram when a dislodged piece of siding caused a short in the main transformer and an “unanticipated explosion within the Protected Area resulting in visible damage to permanent structures or equipment.”

As fate would have it, this year’s “I” storm, Isaac, necessitated the shutdown of Entergy’s Waterford plant, outside of New Orleans. In fact, many plants are required to shutdown when facing winds in excess of 74 mph, “rendering them,” as Beyond Nuclear put it, “a liability, rather than an asset during a natural disaster.”

And Hurricane Isaac was but one possible symptom of a warming climate that has proven problematic for nuclear plants this summer. Braidwood, Illinois and Millstone in Connecticut had to curtail output or temporarily shutdown this summer because the source water used for cooling the reactors rose above prescribed limits. With summer temperatures expected to climb even more in coming years–and with droughts also anticipated–incidents like these (and like those at Hope Creek, New Jersey, and Limerick, Pennsylvania, in 2010) will become more frequent, leaving nuclear power less able to deliver electricity during the months when it is most in demand.

Of course, the summer of 2012 has also had its share of what might be called “classic” nuclear plant problems–power supply failures, radioactive leaks, and other so-called “unusual incidents.” One of the most recent, yet another accident at Palisades in Michigan:

On Sunday [August 12], Palisades shut down due to a leak of radioactive and acidic primary coolant, escaping from safety-critical control rod drive mechanisms attached to its degraded lid, atop its “worst embrittled reactor pressure vessel in the U.S.”

And all of the above has happened during a summer when the NRC finally acknowledged (or, more accurately, when a federal court ordered the NRC to acknowledge) that it could no longer pretend the US had a solution for its nuclear waste storage crisis. The commission has stopped issuing new operating licenses, license extensions and construction licenses until it can craft a plan for dealing with the mountains of spent nuclear fuel continuing to accumulate at nuclear facilities across the country.

So, there is no nuclear renaissance. There wasn’t one before this summer–there wasn’t even one before everyone came to know about the Fukushima disaster. The dangers and costs that have followed nuclear power since its inception have firmly branded it as a technology of the past. The events of 2011 and 2012 have provided more evidence that nuclear power is done as a meaningful energy proposition. The sooner America can also be done with the myth of a possible, sometime, “who knows when,” “maybe next year” nuclear renaissance, the sooner the federal government can stop propping up the unsafe and unviable nuclear industry. And the sooner the US can begin a real technological and economic rebirth.

Breaking: NRC Cites San Onofre Nuclear Plant for Lapse in Security

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An aerial view of the troubled San Onofre Generating Station. (photo: Jelson25 via Wikipedia)

The US Nuclear Regulatory Commission hit Southern California Edison’s San Onofre Nuclear Generating Station (SONGS) with a violation for what it called a lapse in plant security, the agency announced late Thursday.

The NRC noted the violation during a four-day inspection in May. SONGS has been completely offline since January, when a radioactive leak led to the discovery of severely degraded heat exchanger tubes in both of the plant’s (nominally) operating reactors. (In July, the NRC released its report on the tube failures, saying that although plant operators had made major design changes that affected the stability of the tubes, they had not violated any laws.)

Regulators said Edison “failed to develop procedures to monitor electronic devices related to security,” but the NRC has withheld most of the details of the violation.

San Onofre has a long list of safety and security problems dating back long before the latest tube debacle. In January, around the same time as the radioactive leaks, a SONGS worker accidentally fell into one of the facility’s spent fuel storage pools while trying to retrieve a dropped flashlight. And just two weeks ago, an investigation uncovered a staggering number of fire safety violations that continue to go uncorrected, despite previous NRC warnings.

Thursday’s notice of violation comes just days after a high-ranking official on California’s Public Utilities Commission said that SCE and San Diego Gas & Electric should not be allowed to collect revenue on a plant that is not generating any electricity:

Joseph P. Como, head of the PUC’s Division of Ratepayer Advocates, sent a letter to the commissioners this week stating they should “remove [San Onofre] from Southern California Edison’s … and San Diego Gas & Electric’s… rate base now instead of waiting several more months and allowing hundreds of millions of dollars in needless costs to be borne by customers.”

And, as noted in the Orange County Register, that cost is substantial:

Edison, the plant’s operator, is charging ratepayers about $54 million per month for a nonproducing plant, the letter said. Edison holds 78 percent of the plant’s ownership, SDG&E owns 20 percent, and Riverside 1.8 percent, the CPUC said.

While the PUC has a provision to investigate rate cuts when plants are down for over nine months (which would be November and December for the two SONGS reactors), Como noted that San Onofre is almost certain not to restart before then, if it is ever to restart at all. The full commission has twice postponed votes on an earlier investigation.

In moving for earlier action, Como referenced a 1982 decision that upheld rules requiring that power plants actually function to be included in the rate base. The California Supreme Court agreed, saying a facility must be “used and useful.”

“It seems very obviously that a fundamental prerequisite for a power generator to be considered “used and useful” is that it actually be generating power,” Como writes. “SONGS does not meet this test.”

Southern California Edison released a letter stating that it looks forward to working with the commission through the normal, long, dragged-out process.

As for the security violation, all the utility would say was that the problem had been addressed.

Word of the latest SONGS violation comes the same week as an NRC announcement of an investigation into violations at North Carolina’s Harris Nuclear Plant [PDF], and a demand from Representative Dennis Kucinich (D-OH) that the regulator’s Inspector General investigate the way the NRC handled the restart of Davis-Besse after cracks were discovered in its containment building.

Edison may think it has addressed its problems, and the NRC might think its process addresses the problems of the country’s nuclear fleet as a whole, but the regular drumbeat of security and safety violations coupled with the perpetual fleecing of the public till calls for a paraphrase of a famous line from the movie The Princess Bride: Address. You keep using that word. I do not think it means what you think it means.

NRC Report on San Onofre: Close Enough for Government Work

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An aerial view of the San Onofre Generating Station. (photo: Jelson25 via Wikipedia)

The Nuclear Regulatory Commission released its report on recent failures at the San Onofre nuclear facility [PDF] on Thursday, stating that, as far as the government regulator was concerned, the operators of the power plant did nothing wrong when they reported major design changes as simple equipment replacement.

At issue at the San Onofre Nuclear Generating Station (SONGS) is the replacement of two giant steam generators less than two years ago. A metal heat-transfer tube in one generator ruptured in January, releasing superheated radioactive steam and triggering a shutdown. Further examination of that generator and its twin revealed unprecedented and unsettling rates of wear in hundreds of other tubes. SONGS has been completely offline ever since.

Investigation of the problem by plant operators and the NRC, as well as independent watchdogs, found that flaws in the computer modeling of the radically redesigned replacement generators lead to building and installing tubing that vibrated substantially more than was anticipated, and substantially more than the equipment could tolerate. Within 18 months of starting up the retrofitted reactors, vibration caused rapid degradation of the metal tubes, resulting in the rupture.

Still, according to the NRC, no laws were broken. Southern California Edison (a division of Edison International, the majority owner of SONGS) did not mislead regulators about the extent of the changes. Federal officials were not lax in their oversight. Things may not have gone exactly as planned, but no one on this side of the Pacific was to blame. Maybe the Japanese at Mitsubishi Heavy Industries, the folks who built the replacement parts, have some ‘splainin’ to do, but SCE and the NRC performed just like they were supposed to.

And that’s exactly the point, isn’t it?

To any outside observer (well, to any observer willing to plow through technical data and design specs), the replacement generators at San Onofre were quite obviously a major redesign–something requiring a more careful, time-consuming and, yes, costly government approval process. Mitsubishi was not the original manufacturer of the SONGS generators, and Edison was not looking to have Mitsubishi machine exact replacement parts. That would have been more expensive–much more expensive.

Instead, SCE sought out what would be the nuclear industry equivalent of “off the shelf” parts, and hoped to engineer a way to make them work with their 30-year-old reactors. Further, Edison desired to increase the output of this power plant. More power theoretically equals more profit–and, to oversimplify the technical details, more tubes could equal more power. The new generators had many times more heat-transfer tubes than the originals.

So, the major design changes at San Onofre were, to turn a phrase, very much by design. But to call them major design changes would have increased the cost, the time, and the amount of oversight required, so, as the NRC report seems to make clear, the rules are written to insure that such changes pass under the regulatory radar:

The agency staff investigation concluded that Edison “provided the NRC with all the information required under existing regulations about proposed design changes to its steam generators,” according to a statement.

But a key question remains under study: Does the agency need to change the process that was used to approve the replacement generators? At issue is whether tubing problems that eventually sidelined the reactors might have been identified by changing rules under which utilities swap equipment at nuclear power plants.

For example, the report concluded that there were “major design changes” between the original and replacement generators at San Onofre, yet they qualified as essentially identical replacements that did not require an exhaustive review by the NRC.

Show me what regulatory capture looks like; this is what regulatory capture looks like

The “letter is willing but the spirit is weak” tone of the San Onofre report seems especially poignant/disturbing coming, as it does, within a fortnight of the latest Japanese report on the Fukushima disaster. That lengthy study found that government officials colluded with the nuclear industry to avoid upgrades and evade scrutiny, resulting in a severe undermining of public safety. Summaries of that report focused on aspects described as unique to Japanese culture, but the NRC’s San Onofre findings demonstrate that this well-choreographed dance between industry and regulators crosses cultural and national boundaries.

The SONGS report also comes the same week as a party thrown by supporters of the recently deposed NRC chairman, Gregory Jaczko:

A cadre of veterans from the office of Senate Majority Leader Harry Reid (D-Nev.) are organizing an effort to pay down the legal debts taken on by Gregory Jaczko, the former chairman of the Nuclear Regulatory Commission, who stepped down amid a fierce industry-backed assault.

Jaczko, a former Reid staffer, racked up tens of thousands in legal fees defending himself. The thinking behind the fundraising effort is straightforward: High-level staffers for top senators can command high salaries in the private sector, many times more than can be earned in public service. So former Reid staffers who have spent their post-Senate years in more lucrative pursuits are coming to the aid of a colleague who made a different, and quite costly, decision.

. . . .

Jaczko’s former colleagues will gather Tuesday evening with Reid and Rep. Ed Markey (D-Mass.), another former boss of his, to thank him for his time on the nuclear panel. (No fundraising can legally take place while Reid and Markey are at the event, organizers said.)

. . . .

The industry’s two top representatives, Alex Flint and Marvin Fertel of the Nuclear Energy Institute, are planning to attend the event, said Karen Wayland, a former Reid staffer who, along with [another former Reid aid Susan] McCue, spearheaded the effort.

Tuesday’s event will also co-hosted by Jimmy Ryan, Dayle Cristinzio and Kai Anderson, high-powered corporate lobbyists who were senior aides to Reid.

Since the writing of that story, the event took place and Senator Reid’s Searchlight Foundation has made known its intention to donate $10,000 to Jaczko’s defense fund.

To be clear, what happened to Jaczko, who was forced out after he advocated for modest safety improvements at US nuclear plants and coordinated with the Department of Energy to end work on the Yucca Mountain nuclear waste project, is itself a lesson in regulatory capture. The US nuclear industry sees any new safety requirements as a threat to their bottom line, and it desperately needs the federal government to find a storage solution for their vast piles of highly radioactive spent fuel and related waste–and so Jaczko was purged and a message was sent.

But, as the guest list would tell you, it is hard to call anyone in this crowd a pure hero. When key figures behind your ouster are also guests at your farewell party and fundraiser, you have to ask yourself if you were really that tough–and everyone around you has to see that industry and government are too cozy.

Close is not good

If online etymologies are to be believed, the expression “close enough for government work” has its origins in the World War II saying, “Good enough for government work.” Back then, the saying was understood to mean that the government had exacting standards, so if the work could pass government inspection, then it could meet any benchmark.

The phrase quickly devolved, however, into its sarcastic opposite–defense contracting will have that effect–and now “close enough for government work” means barely acceptable.

And government–at least when it comes to agencies like the Nuclear Regulatory Commission–has sought to live up to that new understanding ever since.

But when it comes to nuclear power, with the ominous safety implications of substandard work and lax oversight, close enough is not good enough. And if government and industry “working closely” on a problem means what it seems to have at San Onofre, then “close” pretty much never means “good.”

Made in Japan? Fukushima Crisis Is Nuclear, Not Cultural

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(photo: Steve Snodgrass)

Since the release of the Fukushima Nuclear Accident Independent Committee’s official report last week, much has been made of how it implicates Japanese culture as one of the root causes of the crisis. The committee’s chairman, Dr. Kiyoshi Kurokawa, makes the accusation quite plainly in the opening paragraphs of the executive summary [PDF]:

What must be admitted – very painfully – is that this was a disaster “Made in Japan.” Its fundamental causes are to be found in the ingrained conventions of Japanese culture: our reflexive obedience; our reluctance to question authority; our devotion to ‘sticking with the program’; our groupism; and our insularity.

That this apparently critical self-examination was seized upon by much of the western media’s coverage of the report probably does not come as a surprise–especially when you consider that this revelation falls within the first 300 words of an 88-page document. Cultural stereotypes and incomplete reads are hardly new to establishment reportage. What might come as a shock, however, is that this painful admission is only made in the English-language version of the document, and only in the chairman’s introduction is the “made in Japan” conclusion drawn so specifically.

What replaces the cultural critique in the Japanese edition and in the body of the English summary is a ringing indictment of the cozy relationship between the Japanese nuclear industry and the government agencies that were supposed to regulate it. This “regulatory capture,” as the report details, is certainly central to the committee’s findings and crucial to understanding how the Fukushima disaster is a manmade catastrophe, but it is not unique to the culture of Japan.

Indeed, observers of the United States will recognize this lax regulatory construct as part-and-parcel of problems that threaten the safety and health of its citizenry, be it in the nuclear sector, the energy sector as a whole, or across a wide variety of officially regulated industries.

No protection

The Japanese Diet’s Fukushima report includes a healthy dose of displeasure with the close ties between government regulators and the nuclear industry they were supposed to monitor. The closed, insular nature of nuclear oversight that might be attributed to Japanese culture by a superficial read is, in fact, a product of the universally familiar “revolving door” that sees industry insiders taking turns as government bureaucrats, and regulatory staff “graduating” to well-compensated positions in the private sector.

Mariko Oi, a reporter at the BBC’s Tokyo bureau, described the situation this way when discussing the Fukushima report on the World Service:

When there was a whistleblower, the first call that the government or the ministry made was to TEPCO, saying, “Hey, you’ve got a whistleblower,” instead of “Hey, you’ve got a problem at the nuclear reactor.”

A disturbing betrayal of accountability in any context, it is especially troubling with the ominous repercussions of the Fukushima disaster still metastasizing. And it is also ominously familiar.

Look, for example, just across the Pacific:

[San Onofre Nuclear Generating Station] was chastised two years ago by the U.S. Nuclear Regulatory Commission for creating an atmosphere in which employees fear retaliation if they report safety concerns.

. . . .

Edward Bussey, a former health physics technician at the plant, sued Edison in state court after he was fired in 2006 under what he said were trumped-up charges that he had falsified initials on logs documenting that certain materials had been checked for radiation. Bussey contended that he was really fired in retaliation for complaining about safety concerns to his supervisors and the NRC.

San Onofre–SONGS, if you will–has been offline since January when a radioactive steam leak led to the discovery of severely degraded copper tubing in both of the plant’s existing reactors. But here’s the real kicker: whistleblower suits at SONGS, like the one from Mr. Bussey, have routinely been summarily dismissed thanks to a little known legal loophole:

San Onofre is majority owned and operated by Southern California Edison, a private company, but it sits on land leased from the Camp Pendleton Marine Corps base.

That puts the plant in a so-called federal enclave, where courts have held that many California laws, including labor laws intended to protect whistle-blowers, do not apply.

Lawsuits filed in state court by San Onofre workers who claimed that they were fired or retaliated against for reporting safety concerns, sexual harassment and other issues have been tossed out because of the plant’s location.

The Los Angeles Times cites examples dating back to the construction of San Onofre where personnel who complained about safety or work conditions were terminated and left without many of the legal options normally afforded most California citizens. The history of SONGS is liberally peppered with accidents and safety breaches–and the lies and cover-ups from its owner-operators that go with them. Considering that San Onofre employees are regularly punished for exposing problems and have fewer whistleblower protections, is it at all surprising that SONGS is reported to have the worst safety record of all US nuclear plants?

If San Onofre’s track record isn’t evidence enough of the dangers of weak regulation, the findings and conclusions of the latest Fukushima report make it crystal clear: “safety culture” is not undermined by Japanese culture so much as it is by the more international culture of corruption born of the incestuous relationship between industry and regulators.

It’s a nuclear thing…

But the corrupt culture–be it national or universal–is itself a bit of a dodge. As noted by the Financial Times, the Japanese and their regulatory structure have managed to operate the technologically complex Shinkansen bullet trains since 1964 without a single derailment or fatal collision.

As the Diet’s report makes abundantly clear–far more clear than any talk about Japanese culture–the multiple failures at and around Fukushima Daiichi were directly related to the design of the reactors and to fatal flaws inherent in nuclear power generation.

Return for a moment to something discussed here last summer, The Light Water Paradox: “In order to safely generate a steady stream of electricity, a light water reactor needs a steady stream of electricity.” As previously noted, this is not some perpetual motion riddle–all but one of Japan’s commercial nuclear reactors and every operating reactor in the United States is of a design that requires water to be actively pumped though the reactor containment in order to keep the radioactive fuel cool enough to prevent a string of catastrophes, from hydrogen explosions and cladding fires, to core meltdowns and melt-throughs.

Most of the multiple calamities to befall Fukushima Daiichi have their roots in the paradox. As many have observed and the latest Japanese report reiterates, the Tohoku earthquake caused breaches in reactor containment and cooling structures, and damaged all of Fukushima’s electrical systems, save the diesel backup generators, which were in turn taken out by the tsunami that followed the quake. Meeting the demands of the paradox–circulating coolant in a contained system–was severely compromised after the quake, and was rendered completely impossible after the tsunami. Given Japan’s seismic history, and the need of any light water reactor for massive amounts of water, Fukushima wouldn’t really have been a surprise even if scientists hadn’t been telling plant operators and Japanese regulators about these very problems for the last two decades.

Back at San Onofre, US regulators disclosed Thursday that the damage to the metal tubes that circulate radioactive water between the reactor and the steam turbines (in other words, part of the system that takes heat away from the core) was far more extensive than had previously been disclosed by plant operators:

[Each of San Onofre’s steam generators has] 9,727 U-shaped tubes inside, each three-quarters of an inch in diameter.

The alloy tubes represent a critical safety barrier — if one breaks, there is the potential that radioactivity could escape into the atmosphere. Also, serious leaks can drain protective cooling water from a reactor.

Gradual wear is common in such tubing, but the rate of erosion at San Onofre startled officials since the equipment is relatively new. The generators were replaced in a $670 million overhaul and began operating in April 2010 in Unit 2 and February 2011 in Unit 3.

Tubes have to be taken out of service if 35 percent — roughly a third — of the wall wears away, and each of the four generators at the plant is designed to operate with a maximum of 778 retired tubes.

In one troubled generator in Unit 3, 420 tubes have been retired. The records show another 197 tubes in that generator have between 20 percent and 34 percent wear, meaning they are close to reaching the point when they would be at risk of breaking.

More than 500 others in that generator have between 10 percent and 19 percent wear in the tube wall.

“The new data reveal that there are thousands of damaged tubes in both Units 2 and 3, raising serious questions whether either unit should ever be restarted,” said Daniel Hirsch, a lecturer on nuclear policy at the University of California, Santa Cruz, who is a critic of the industry. “The problem is vastly larger than has been disclosed to date.”

And if anything, the Nuclear Regulatory Commission is underplaying the problem. A report from Fairewinds Associates, also released this week, unfavorably compared San Onofre’s situation with similar problems at other facilities:

[SONGS] has plugged 3.7 times as many steam generator tubes than the combined total of the entire number of plugged replacement steam generator tubes at all the other nuclear power plants in the US.

The report also explains that eight of the tubes failed a “pressure test” at San Onofre, while the same test at other facilities had never triggered any more than one tube breach. Fairewinds goes on to note that both units at San Onofre are equally precarious, and that neither can be restarted with any real promise of safe operation.

And while the rapid degeneration of the tubing might be peculiar to San Onofre, the dangers inherent in a system that requires constant power for constant cooling–lest a long list of possible problems triggers a toxic crisis–are evident across the entire US nuclear fleet. Cracked containment buildings, coolant leaks, transformer fires, power outages, and a vast catalogue of human errors fill the NRC’s event reports practically every month of every year for the past 40 years. To put it simply, with nuclear power, too much can go wrong when everything has to go right.

And this is to say nothing of the dangers that come with nuclear waste storage. Like with the reactors, the spent fuel pools that dot the grounds of almost every nuclear plant in America and Japan require a consistent and constantly circulating water supply to keep them from overheating (which would result in many of the same disastrous outcomes seen with damaged reactors). At Fukushima, one of the spent fuel pools is, at any given point, as much of a concern as the severely damaged reactor cores.

Ions and tigers and bears, oh my!

Even with the latest findings, however, Japanese Prime Minister Yoshihiko Noda pushed ahead with the restart of the precariously situated and similarly flawed nuclear reactor complex at Oi. It is as if the PM and the nuclear industry feared Japan surviving another summer without nuclear-generated electricity would demonstrate once and for all that the country had no reason to trade so much of its health and safety for an unnecessary return.

But the people of Japan seem to see it differently. Tens of thousands have turned out to demonstrate against their nation’s slide back into this dangerous culture of corruption. (Remember, the Oi restart comes without any safety upgrades made in response to the Fukushima disaster.)

And maybe there’s where cultural distinctions can be drawn. In Japan, the citizenry–especially women–are not demonstrating “reflexive obedience,” instead, they are demonstrating. In the United States, where 23 nuclear reactors are of the same design as Fukushima Daiichi, and 184 million people within 50 miles of a nuclear power plant, when the chairman of the Nuclear Regulatory Commission suggested requiring some modest upgrades as a response to the Fukushima disaster, the nuclear industry got its henchmen on the NRC and in Congress to push him out. . . with little public outcry.

Still, the BBC’s Mariko Oi lamented on the day the Fukushima report was released that Japanese media was paying more attention to the birth of a giant panda at a Tokyo zoo. That sort of response would seem all too familiar to any consumer of American media.

That baby panda, it should be noted, has since died. The radioactive fallout from Fukushima, however, lingers, and the crisis at Daiichi is far from over. The threat to global heath and safety that is unique to nuclear power lives on.

Emergency Evacuation, Drill Requirements Quietly Cut While Nuclear Regulators Consider Doubling Length of License Extensions

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Map showing the evacuation zone around Indian Point Energy Center by the NRDC (via Riverkeeper).

The Nuclear Regulatory Commission will hold a public meeting tonight (Thursday, May 17) on the safety and future of the Indian Point Energy Center (IPEC), a nuclear power plant located in Buchanan, NY, less than 40 miles north of New York City. The Tarrytown, NY “open house” (as it is billed) is designed to explain and answer questions about the annual assessment of safety at IPEC delivered by the NRC in March, but will also serve as a forum where the community can express its concerns in advance of the regulator’s formal relicensing hearings for Indian Point, expected to start later this year.

And if you are in the area–even as far downwind as New York City–you can attend (more on this at the end of the post).

Why might you want to come between Entergy, the current owner of Indian Point, and a shiny new 20-year license extension? As the poets say, let me count the ways:

Indian Point has experienced a series of accidents and “unusual events” since its start that have often placed it on a list of the nation’s worst nuclear power plants. Its structure came into question within months of opening; it has flooded with 100,000 gallons of Hudson River water; it has belched hundreds of thousands of gallons of radioactive steam in the last 12 years; its spent fuel pools have leaked radioactive tritium, strontium 90 and nickel 63 into the Hudson and into groundwater; and IPEC has had a string of transformer fires and explosions, affecting safety systems and spilling massive amounts of oil into the Hudson.

That poor, poor Hudson River. Indian Point sits on its banks because it needs the water for cooling, but beyond the radioactive leaks and the oil, the water intake system likely kills nearly a billion aquatic organisms a year. And the overheated exhaust water is taking its toll on the river, as well.

Indian Point is located in a seismically precarious place, right on top of the intersection of the Stamford-Peekskill and Ramapo fault lines. The NRC’s 2010 seismic review places IPEC at the top of the list of reactors most at risk for earthquake damage.

Entergy was also late in providing the full allotment of new warning sirens within the 10-mile evacuation zone, which is a kind of “insult to injury” shortfall, since both nuclear power activists and advocates agree that Indian Point’s evacuation plan, even within the laughably limited “Plume Exposure Pathway Emergency Planning Zone,” is more fantasy than reality.

With this kind of legacy, and all of these ongoing problems, it would seem, especially in a world informed by the continuing Fukushima disaster, that the NRC’s discretionary right to refuse a new operating license for Indian Point would be the better part of valor. But the NRC rarely bathes itself in such glory.

Instead, when the nuclear industry meets rules with which it cannot comply, the answer has usually been for the regulatory agencies to just change the rules.

Such was the case the night before the-night-before-Christmas, when the NRC and the Federal Emergency Management Agency quietly changed long-standing emergency planning requirements:

Without fanfare, the nation’s nuclear power regulators have overhauled community emergency planning for the first time in more than three decades, requiring fewer exercises for major accidents and recommending that fewer people be evacuated right away.

Nuclear watchdogs voiced surprise and dismay over the quietly adopted revamp — the first since the program began after Three Mile Island in 1979. Several said they were unaware of the changes until now, though they took effect in December.

At least four years in the works, the changes appear to clash with more recent lessons of last year’s reactor crisis in Japan. A mandate that local responders always run practice exercises for a radiation release has been eliminated — a move viewed as downright bizarre by some emergency planners.

The scope of the changes is rivaled only by the secrecy in which they were implemented. There were no news releases regarding the overhaul from either FEMA or the NRC in December or January. Industry watchdogs, such as the Nuclear Information and Resource Service, only learned about the new rules when questioned by the Associated Press.

It was the AP that published an in-depth investigation of lax nuclear regulation last June, and it was the AP that spotted this latest gift to the nuclear industry:

The latest changes, especially relaxed exercise plans for 50-mile emergency zones, are being flayed by some local planners and activists who say the widespread contamination in Japan from last year’s Fukushima nuclear accident screams out for stronger planning in the United States, not weaker rules.

FEMA officials say the revised standards introduce more variability into planning exercises and will help keep responders on their toes. The nuclear power industry has praised the changes on similar grounds.

Onsite security forces at nuclear power plants have practiced defending against make-believe assaults since 1991 and increased the frequency of these drills after the 2001 terrorist attacks. The new exercises for community responders took years to consider and adopt with prolonged industry and government consultations that led to repeated drafts. The NRC made many changes requested by the industry in copious comments.

Naturally.

But, if a nearby resident or a city official were to express concerns about a nuclear plant’s emergency preparedness–like, say, those that live and work around Indian Point–regulators would likely dismiss them as alarmist:

None of the revisions has been questioned more than the new requirement that some planning exercises incorporate a reassuring premise: that little or no harmful radiation is released. Federal regulators say that conducting a wider variety of accident scenarios makes the exercises less predictable.

However, many state and local emergency officials say such exercises make no sense in a program designed to protect the population from radiation released by a nuclear accident.

“We have the real business of protecting public health to do if we’re not needed at an exercise,” Texas radiation-monitoring specialist Robert Free wrote bluntly to federal regulators when they broached the idea. “Not to mention the waste of public monies.”

Environmental and anti-nuclear activists also scoffed. “You need to be practicing for a worst case, rather than a nonevent,” said nuclear policy analyst Jim Riccio of the group Greenpeace.

From the perspective of the industry-captured regulators, if you can’t handle the truth, rewrite the truth. And if there were any doubt about the motives of the nuclear industry, itself, when it comes to these new rules, a reading of the AP report makes it clear: from top to bottom, the revisions require less of nuclear operators.

While officials stress the importance of limiting radioactive releases, the revisions also favor limiting initial evacuations, even in a severe accident. Under the previous standard, people within two miles would be immediately evacuated, along with everyone five miles downwind. Now, in a large quick release of radioactivity, emergency personnel would concentrate first on evacuating people only within two miles. Others would be told to stay put and wait for a possible evacuation order later.

This rule change feels ludicrous in the wake of Fukushima, where a 12-mile radius is assumed to be a no-go zone for a generation, and the State Department advised US citizens to evacuate beyond 50 miles, but it is especially chilling in the context of Indian Point. The stated reasoning behind the tiny evacuation zone is that anything broader would be impossible to execute quickly, so better to have folks just “hunker down.”

“They’re saying, ‘If there’s no way to evacuate, then we won’t,'” Phillip Musegaas, a lawyer with the environmental group Riverkeeper, said of the stronger emphasis on taking shelter at home. The group is challenging relicensing of Indian Point.

Over 17 million people live within 50 miles of IPEC. In February, environmental and anti-nuclear groups asked the NRC to expand evacuation planning to 25 miles from the current 10, and to push readiness zones out to 100 miles, up from 50. They also asked for emergency planners to take into account multiple disasters, like those experienced last year in Japan.

That might have been an opportune time for the regulators to explain that they had already changed the rules–two months earlier–and that they had not made them stronger, they had made them weaker. Not only will the 10 and 50-mile zones remain as they are, the drills for the 50-mile emergency will be required only once every eight years–up from the current six-year cycle.

With the turnover in elected officials and municipal employees being what it is–especially in times of constricting local budgets–even a run-through every six years seems inadequate. An eight-year lag is criminal. (Perhaps the NRC can revise assumptions so that disasters only happen within a year or two of a readiness drill.)

But an extra two years between drills is cheaper. So is the concentration of the evacuation zone in case of quick radiation release. So are many of the other changes. At a time when regulators should look at Japan and ask “What more can we do?” they instead are falling over themselves to do less.

And the nuclear industry needs all the help it can get.

The fact is that without this kind of help–without the weakened rules and limp enforcement, without the accelerated construction and licensing arrangements, without the federal loan guarantees and liability caps, and without the cooperation and expenditures of state and local governments–nuclear could not exist. Indeed, it would not exist, because without this wellspring of corporate welfare, nuclear power plants would never turn a profit for their owners.

In fact, with the cost of new plant construction escalating by the minute (the new AP1000 reactors approved for Georgia’s Plant Vogtle this February are already $900 million over budget), the strategy of energy giants like Entergy rests more on buying up old reactors and spending the bare minimum to keep them running while they apply for license extensions. This is the game plan for Indian Point. It is also Entergy’s plan for Vermont Yankee, a plant granted a license extension by the NRC in March, over the objections of the state government.

The case of Vermont Yankee is currently before a federal appeals court–and New York has filed an amicus brief on Vermont’s behalf, since New York Governor Andrew Cuomo would like to see Indian Point shuttered at the end of its current license, and it knows the NRC has never met a license extension it didn’t like.

Meanwhile, however, Entergy continues to hemorrhage money. The second largest nuclear power provider in the nation posted a first quarter loss of $151.7 million–its stock is down 13% this year–directly as a result of its creaky, inefficient, often offline nuclear reactors. It needs quick, cheap, easy relicensing for facilities like Indian Point if it is ever going to turn things around.

Although maybe not even then. Take, for example, the current plight of California’s San Onofre Nuclear Generating Station (SONGS). San Onofre’s two reactors have been offline since the end of January, when a radiation leak led to the discovery of accelerated wear in over 1,300 copper tubes used to move radioactive water to and from the plant’s recently replaced steam generators:

[Southern California] Edison finished installation of the $671-million steam generators less than two years ago, promising customers they would create major energy savings. Now, officials estimate it will cost as much as $65 million to fix the problems and tens of millions more to replace the lost power.

Both those figures are likely low. No one has yet isolated the exact cause of the wear, though attention focuses on excessive vibration (and that vibration will likely be linked to faulty design and the attempt to retrofit off-the-shelf parts on the cheap), and the time it will take to correct the problem, make repairs and get the reactors up to something close to full power is somewhere between unpredictable and never.

Indeed, Edison is instead talking about running SONGS at reduced capacity, at least for several months. Plant engineers say they believe running the reactors at lower power will minimize vibration (though critics point out this will not resolve the problems with already badly worn tubing), but the reality is much simpler. Every kilowatt the nuclear plant can manage to generate is one kilowatt that Edison won’t have to buy from someone else. There is some warranty coverage for the new generators, but there is none for the replacement costs of the electricity.

Edison will, of course, ask the California Public Utility Commission if it can pass replacement costs on to consumers, but that, in turn, begs another question. When the PUC approved the cost of replacing the steam generators, they did so with the assumption that SONGS would average 88% capacity until its license expires in 2022.

An analysis at the time showed that a one-year outage or a scenario in which the plant would run at lower capacity for an extended period could make the project a money loser. But the PUC found those scenarios to be unlikely and determined that the project would probably be a good deal for ratepayers.

“If the plant runs at 50 to 80 percent capacity for the rest of its life, the entire cost-effectiveness analysis is turned on its head,” said Matthew Freedman, attorney for advocacy group The Utility Reform Network.

Sound familiar?

Regulators, be they at the federal NRC or a state’s PUC, can re-imagine reality all they want, but reality turns out to be stubborn. . . and, it seems, costly.

And don’t think that the industry hasn’t already cottoned to this.

In the midst of a battle over extending the 40-year licenses of two Entergy Corp. nuclear plants near New York City, federal regulators are looking into whether such plants would be eligible for yet another extension.

That would mean the Indian Point plants and others around the county might still be running after reaching 60 years of age.

Bill Dean, a regional administrator for the Nuclear Regulatory Commission, said Wednesday the agency “is currently looking at research that might be needed to determine whether there could be extensions even beyond” the current 60-year limit for licenses.

Yes, the article attributes the initiative to federal regulators, but it strains credulity to believe they came up with this idea on their own. The industry can do the money math–hell, it’s pretty much the only thing they do–extending a license for 40 years beyond design life has got to be more profitable than extending a license for only 20 years.

And let’s be clear about that. The design life of Generation II reactors–the BWRs and PWRs that make up the US nuclear power fleet–is 30 to 40 years. When the plans were drawn up for Indian Point, Vermont Yankee, San Onofre, or any of the other 98 reactors still more-or-less functioning around the country, the assumption was that they would be decommissioned after about four decades. Current relicensing gives these aged reactors another 20 years, but it now turns out that this is only an interim move, designed to buy time to rewrite the regulations and give reactors a full second life. Eighty years in total.

It is yet another example of how rules are shaped–and ignored–to protect the bottom line of the nuclear industry, and not the safety of US citizens. (Or, for that matter, the pocketbooks of US consumers.)

And so, it is yet another example of why the Nuclear Regulatory Commission cannot be allowed to continue its rubberstamp relicensing.

And this is where you come in: As mentioned at the top, the NRC’s Bill Dean (the same guy looking into doubling the license extensions) will be in Tarrytown, NY, along with other government and Entergy representatives to answer questions and listen to testimony about the past, present, and future of Indian Point.

The open house is from 6 to 8 PM, and the public meeting is from 7 to 9 PM at the DoubleTree Hotel Tarrytown, 255 South Broadway, Tarrytown, NY.

Riverkeeper, in coordination with Clearwater, NYPIRG, Citizens’ Awareness Network, Occupy Wall Street Environmental Working Group, IPSEC, Shut Down Indian Point Now, and others will be holding a press conference before the open house, at 5:30 PM.

If you live in New York City, Riverkeeper is sponsoring busses to Tarrytown. Busses leave at 3:45 PM sharp from Grand Central (busses will be waiting at 45th St. and Vanderbilt Ave.). More info from SDIPN here. Reserve a place on a bus through Riverkeeper here.

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

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(low resolution movie poster reproduction via wikipedia)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

But it doesn’t. Not even temporarily.

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

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

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

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

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

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

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

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

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