“There’s enough surplus power in this region to turn off Indian Point tomorrow”
By JOHN RAYMOND | CounterPunch | June 1, 2012
“Shut it down! Shut it down! Shut it down!” rang through the cavernous grand ballroom of the Doubletree Hotel in Tarrytown, NY, last week when the Nuclear Regulatory Commission staged an Orwellian charade promoted as an “open house” held to reassure the public that the Indian Point nuclear power plant was, as the New York Post headlined the following day, “Still Safe!”
The NRC’s annual “safety assessment” of the plant, which sits on the Hudson River 30 miles north of New York City, was based on 11,000 hours of ”inspection activities.” It found that Indian Point performed “within expected regulatory bounds” and the 25 matters that do require attention but “no additional NRC oversight,” are ‘low risk’, or have “very low safety significance.”
“So,” the Post mused, “will this finally silence the ‘shut it down’ crowd? … Don’t hold your breath.”
But do keep your fingers crossed…if you’re one of the 17.5 million people living within 50 miles of the plant…
“The NRC’s annual assessment completely fails to address the public’s primary concerns about Indian Point — evacuation planning, earthquake risk and nuclear waste storage post-Fukushima,” said Phillip Musegaas, a lawyer with Riverkeeper, an environmental group based in Ossining, NY.
Those concerns were addressed in Riverkeeper’s briefing held in the rear of the ballroom prior to the NRC’s hearing that night. Some highlights:
Manna Jo Green, a member of the town council of Rosendale and Environmental Director of Clearwater, who recently toured the plant with the Atomic Safety and Licensing Board: “We are calling for expansion of the evacuation plan from 10 miles to 50 miles and hardening of the fuel pools. There is no protection for those fuel pools…You couldn’t see the fuel rods in fuel pool 2 because the water was so murky… it is so densely crowded with fuel rods, you can’t even get equipment in to fully inspect it …”
Like Riverkeeper, Clearwater in Beacon, NY has filed multiple contentions with the NRC in the legal fight to deny Entergy Corporation a 20-year license extension for Indian Point. Current licenses for the two operating reactors expire in 2013 and 2015. Relicensing hearings are expected to begin in October.
John Armbruster, a seismologist with Lamont Doherty Earth Observatory of Columbia University, cited the study, published in 2008, that revealed there was a second fault line passing near Indian Point in addition to the Ramapo fault line.
“We believe this is a significant new development in what might happen to Indian point. We have been asking since 2008 for our new results to be incorporated into the hearings for the relicensing of Indian Point – and that has been rejected as ‘outside of scope’. What was done when Indian Point was designed 40 years ago is obsolete and Fukushima tells us we have to prepare for the things that are very unlikely.”
Peter Rugh of Occupy Wall Street’s Environmental Solidarity Work Group: “The NRC has issued untold numbers of exemptions to Indian point – untold because they don’t keep track of the safety exemptions they grant to this corporation and to other nuclear operators. Entergy took in 11 billion in 2011 so they can afford to take every possible safety measure here, including shutting down…We want the workers at these plants to be retrained in the green energy sector. We must offer them better employment opportunities than being the gravediggers for New York City, for Westchester County, and for New Jersey.”
Paul Gallay, Executive Director of Riverkeeper, countered claims that shutting down Indian Point would cause an energy shortage and lead to blackouts. Results of a study commissioned by Riverkeeper and the National Resources Defense Council published earlier this year concluded otherwise.
“There’s enough surplus power in this region to turn off Indian Point tomorrow and we won’t have any kind of shortage if we don’t do another thing until 2020,” Gallay said. “In the meantime, you can build two Indian Point’s worth of replacement power. You can save 30 percent of our power needs just by energy efficiency… We do not need the power — they want to fool you into believing we do.”
During the open session, an NRC panel sat at the front of the room but no presentation was made to the public and no explanation of the safety “assessment” was given. NRC posters were on display in the hallway outside the ballroom, and Indian Point inspectors were available for questions. But not for answers.
Stepping up to the mike, Mark Jacobson, a co-founder of the Indian Point Safe Energy Coalition (IPSEC), asked, “Where is Entergy? Why isn’t Entergy in the room? We want to ask them questions.”
Getting no reply, Jacobson told the panel that he had questioned inspectors about the status of the radioactive leak under Unit 2’s transformer yard. “They said they didn’t know. It’s a leak that’s been likened to the size of the Central Park reservoir… and we can’t find out about it at this annual meeting. Who are we supposed to ask?”
Indian Point’s leaks are contaminating groundwater and the nearby Hudson River with radioactive carcinogens including strontium-90, cesium 137, and iodine 131.
The impossibility of evacuation in the event of an accident at Indian Point stirred the loudest protest of the night.
Citing the recent news report from the Associated Press that revised – and watered down – emergency planning and evacuation procedures had been adopted late last year without broad public input, Marilyn Elie, also of IPSEC, said, “Nobody has known about this and you dare, in post-Fukushima, you dare to weaken and have fewer evacuation drills.
“Region 1 could not even tell the commissioners this is not a good idea to secretly pass a new evacuation plan, to not let the stakeholders know…We need to call right now for a whole new NRC – all the commissioners need to be withdrawn – and it needs to go right down the line until it gets to Region 1.”
John Raymond is a freelance writer in New York City.
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- Meltdown at the Nuclear Regulatory Commission (counterpunch.org)
- Energy Issues: Entergy Has Demonstrators Arrested By ABBY LUBY (yonkerstribune.typepad.com)
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Vermont Yankee future in question again
NRC asked to investigate recent pattern of failures
By Lucas W Hixson | Enformable | March 16, 2012
The Vermont Yankee nuclear power plant is operating at reduced power due to problems with the condenser tubes, which are reported to be leaking. Most nuclear power plants replace their condenser at between 20 and 30 years of continued operation, while Vermont Yankee’s condenser has been in operation over 39-years.
Condenser leaks adversely affect reliability and the water quality of the water that is used inside the nuclear plant as the primary reactor coolant. Cooling for the plant’s steam condenser is provided from the adjacent Connecticut river. At the beginning of February, nuclear engineers at the plant discovered that the condenser was not operating efficiently. There have been a string of outages in recent months that Yankee has had to reduce power because of problems with the condenser.
Condensers have been known to fail catastrophically, as occurred at Entergy’s Grand Gulf Plant, shutting down the plant for several months. Thus failure of the Condenser would have a tremendous impact upon Vermont Yankee’s ability to operate within cost-effective margins. The condenser has thousands of small tubes, that are made out of admiralty metal, copper, stainless steel, or titanium. The Condenser has two major functions:
- Condense and recover the steam that passes through the turbine (Condensers are used in all power plants that use steam as the driving force)
- Maintain a vacuum to optimize the efficiency of the turbine.
A regional spokesman for the NRC said the plastic coating Entergy used on the condenser tubes has caused the system to run less efficiently. If the epoxy is the source of the issue, the plant will have to run at 50 percent power levels while workers strip epoxy off of the tubing in each of the sections of the condenser. Vermont Yankee spokesman said the condenser has been upgraded over time and the tubes were “re-sleeved” several years ago.
The cause of the “reduced performance” of the condenser isn’t clear at this point. Last week the back pressure level went up to 4.5 pounds per square inch. The maximum level for the plant is 5 psi, according to Sarah Hofmann, deputy commissioner of the Department of Public Service. At 7 psi, the plant is designed to SCRAM.
The state says Yankee technicians made a mistake and left a metal plate inside the component as they were trying to troubleshoot the issue last week. The plate was a piece of metal large enough for workers to stand on. Neil Sheehan is a spokesman for the Nuclear Regulatory Commission said the agency is aware of the incident, adding, “ It’s an issue that’s affected not only Vermont Yankee but numerous other plants over the years where there’s foreign material that’s left behind when a job is completed. We don’t think that’s acceptable and we certainly had that discussion with them and our inspectors will certainly be addressing that in an upcoming inspection report.”
Entergy is unlikely to replace the condenser until a decision is made in its favor to extend the plants current operating license in Vermont, which expires on March 21st, 2012, but the NRC issued a new operating license last year allowing the plant to continue operating until 2032.
In testimony, Fairewinds Associates noted that rather than invest $200,000,000 (in 2016 dollars) in a new condenser, Entergy may choose instead to shut down the plant as it would be difficult to recoup such a large investment during the final years of the plants life. Especially if Entergy is losing more than it is profiting for extended periods, which may then cause the licensee to make drastic economic decisions in the face of mounting pressure to block the extension of the plants operating license. Entergy has admitted Vermont Yankee is a minimal profit producer and additional costs may prove too expensive, especially with the added costs of post-Fukushima upgrades, and conditions imposed after the NRC issued its 20-year extended license.
The NRC recently released an annual report on Yankee that cited a number of what it called non-safety issues at the plant. Since Louisiana-based Entergy Corporation purchased Vermont Yankee from state utility companies in 2002, the plant has had a string of physical plant problems including a water tower collapse in 2007 and a transformer fire. In January 2010, the company revealed that underground pipes at the plant were leaking tritium into soil on the compound, which is located on the banks of the Connecticut River.
The recent incident prompted the Shumlin Administration to ask federal regulators about a recent series of human errors at the plant. Public Service Commissioner Elizabeth Miller wrote Thursday to the head of the NRC’s Northeast region to say she’s concerned about what she called a pattern of human errors at the Vernon reactor during the past 15 months.
Commissioner Miller says the most recent incident of the metal plate left inside the condenser raised questions about whether Yankee was experiencing a pattern of human errors. “In looking at the reports I had a concern that there had been a number of incidents and felt it was appropriate to ask the NRC to explain why that pattern of incidents didn’t deserve further attention or further action by the NRC and so that’s why we sent the letter.”
Miller lists five errors, ranging from failure to remove a plastic cover from a pump before it was installed to inaccurately measuring the dose rate from a shipment of radioactive waste. Miller’s letter to the NRC cites other mistakes, including a case last fall when Yankee technicians misread a work order and shut down a breaker which resulted in a brief loss of the shutdown cooling system, and another case in December when workers mistakenly tripped the wrong diesel back-up generator.
The NRC labeled all five incidents as minor, but Miller is questioning why they aren’t being considered as part of a pattern. Yankee spokesman Larry Smith said he could not comment on Miller’s letter. The NRC said it would review it. In addition to conducting two reviews in 2012 — at mid-cycle and end-of-cycle — the NRC will also review Yankee’s implementation of an industry initiative meant to control degradation of underground piping.
In 2009, the Vermont Senate voted to deny permission for Entergy to obtain a certificate of public good from the Public Service Board for re-licensure of the plant. In February 2010, the Vermont Senate voted 26 to 4 against re-licensing of the Vermont Yankee Nuclear Plant after 2012, citing radioactive tritium leaks, misstatements in testimony by plant officials, and other documented on-site events. Entergy sued the state over several statutes, including one that gives Vermont jurisdiction over the continued operation of the plant past the 40-year deadline and a say in the long-term storage of nuclear waste on site.
A state law that prevents the plant from storing spent fuel at Vermont Yankee after that date without approval from the Public Service Board. Last week the board questioned whether it had the ability to let Vermont Yankee keep producing spent fuel and pushed Entergy attorneys on why they hadn’t addressed the impending issue earlier. Federal district court Judge J. Garvan Murtha ruled the Atomic Energy Act pre-empted the two state laws, but his decision left the Public Service Board’s discretion intact. The Public Service Board held a status conference March 9 at which they would not guarantee that the plant would keep operating, and briefs are due Friday.
When the board reopened the proceeding and asked whether the plant could continue to operate, Entergy fired off an immediate request to the court asking it to let the plant operate after March 21, implying it might continue operating, even if the board says it should not.
“[O]n March 9, 2012, the PSB made clear that it does not necessarily agree with the AG’s and the DPS’s view. In the event that the PSB ultimately disagrees, Plaintiffs will be forced either to cease operating or, if they defy the PSB by continuing to operate, to face the prospect of a diminished credit rating, a loss of crucial employees, and a demerit in the PSB’s consideration of Plaintiffs’ petition for a new CPG.”
Entergy has a track record of deferring maintenance, exampled by the 2007 collapse of the cooling towers, was found to be caused by corrosion in steel bolts and rotting of lumber. Some still think that a corporation that buys an aged nuclear plant fully aware of the pending decommissioning agreement with the state, ought to be bound to decommission it. However, right in the middle of the Fukushima disaster the NRC grants another 20 years to an old, trouble ridden plant, doesn’t that just beat all…
Related articles
- Vermont Appeals Vermont Yankee Decision (jeceblog.com)
- Court to Vermont: “Drop Dead” (alethonews.wordpress.com)
- NRC finds Entergy Safety Commitment Track Record Lacking (enformable.com)
- Vermont Yankee Power Reduced Due to Lubrication Issues With B Turbine Pilot Valve (enformable.com)
- Former Vermont Governor Rips NRC and Vermont Yankee Safety Record (enformable.com)
- Entergy must change the way they do business (enformable.com)
No Nuclear Nirvana
By ROBERT ALVAREZ | CounterPunch | March 6, 2012
Is the nuclear drought over?
When the Nuclear Regulatory Commission (NRC) recently approved two new nuclear reactors near Augusta, Georgia, the first such decision in 32 years, there was plenty of hoopla.
It marked a “clarion call to the world,” declared Marvin S. Fertel, president of the Nuclear Energy Institute. “Nuclear energy is a critical part of President Obama’s all-of-the-above energy strategy,” declared Energy Secretary Chu, who traveled in February to the Vogtle site where Westinghouse plans to build two new reactors.
But it’s too soon for nuclear boosters to pop their champagne corks. Japan’s Fukushima disaster continues to unfold nearly a year after the deadly earthquake and tsunami unleashed what’s shaping up to be the worst nuclear disaster ever. Meanwhile, a raft of worldwide reactor closures, cancellations, and postponements is still playing out. The global investment bank UBS estimates that some 30 reactors in several countries are at risk of closure, including at least two in highly pro-nuclear France.
And Siemens AG, one of the world’s largest builders of nuclear power plants, has already dumped its nuclear business.
Recently, Standard and Poor’s (S&P) credit rating agency announced that without blanket financing from consumers and taxpayers, the prospects of an American nuclear renaissance are “faint.” It doesn’t help that the nuclear price tag has nearly doubled in the past five years. Currently reactors are estimated to cost about $6 to $10 billion to build. The glut of cheap natural gas makes it even less attractive for us to nuke out.
How expensive is the bill that S&P thinks private lenders will shun?
Replacing the nation’s existing fleet of 104 reactors, which are all slated for closure by 2056, could cost about $1.4 trillion. Oh, and add another $500 billion to boost the generating capacity by 50 percent to make a meaningful impact on reducing carbon emissions. (Nuclear power advocates are touting it as a means of slowing climate change.) We’d need to fire up at least one new reactor every month, or even more often, for the next several decades.
Dream on.
Meanwhile, Japan — which has the world’s third-largest nuclear reactor fleet — has cancelled all new nuclear reactor projects. All but two of its 54 plants are shut down. Plus the risk of yet another highly destructive earthquake occurring even closer to the Fukushima reactors has increased, according to the European Geosciences Union.
This is particularly worrisome for Daiichi’s structurally damaged spent fuel pool at Reactor No. 4, which sits 100 feet above ground, exposed to the elements. Drainage of water from this pool resulting from another quake could trigger a catastrophic radiological fire involving about eight times more radioactive cesium than was released at Chernobyl.
Ironically, the NRC’s decision to license those two reactors has thrown a lifeline to Japan’s flagging nuclear power industry (along with an $8.3-billion U.S. taxpayer loan guarantee). Toshiba Corp. owns 87 percent of Westinghouse, which is slated to build the new reactors. Since U.S.-based nuclear power vendors disappeared years ago, all of the proposed reactors in this country are to be made by Japanese firms — Toshiba, Mitsubishi, and Hitachi — or Areva, which is mostly owned by the French government. According to the Energy Department, “major equipment would not be manufactured by U.S. facilities.”
For Southern Co., which would operate the Vogtle reactors, the NRC’s approval is just the beginning of a financial and political gauntlet it must run through. Over the strenuous objections of consumers and businesses, energy customers will shoulder the costs of financing and constructing this $17-billion project, even if the reactors are abandoned before completion. If things don’t turn out, U.S. taxpayers will also be on the hook for an $8.3-billion loan guarantee that the Energy Department has approved.
The Congressional Budget Office and the Government Accountability Office estimate that nuclear loan guarantees have a 50/50 chance of default.
Nearly four decades after the Three Mile Island accident, nuclear power remains expensive, dangerous, and too radioactive for Wall Street. The industry won’t grow unless the U.S. government props it up and the public bears the risks.
ROBERT ALVAREZ, an Institute for Policy Studies senior scholar, served as senior policy adviser to the Energy Department’s secretary from 1993 to 1999. www.ips-dc.org
Related articles
- The Demonic Reality of Fukushima (alethonews.wordpress.com)
- We May Yet Lose Tokyo (and Alaska and Georgia) (alethonews.wordpress.com)
- Japan disaster snarls US nuke plant plans (bottomline.msnbc.msn.com)
The Demonic Reality of Fukushima
And the Absurdity of the NRC
By CINDY FOLKERS | CounterPunch | March 2, 2012
In the days following the March 11, 2011 beginning of the Fukushima Nuclear Catastrophe, chief cabinet secretary Yukio Edano repeatedly reassured the Japanese public, news media, and world community that there was “no immediate health risk” from mounting radioactive releases from the Fukushima Daiichi nuclear power plant. His choice of words was very similar to the U.S. nuclear power establishment’s during the Three Mile Island melt down of 1979, as captured by Rosalie Bertell’s classic anti-nuclear primer No Immediate Danger? Prognosis for a Radioactive Earth.
However, as the New York Times revealed Monday, Edano and his colleagues at the highest levels of the Japanese federal government were actually worried about a worst-case scenario, a “demonic chain reaction” of atomic reactor meltdowns spreading catastrophic amounts of deadly radioactivity from the three operating units at Fukushima Daiichi (as well as multiple high-level radioactive waste storage pools there), to the four operating reactors and pools at Fukushima Daini (just 7 miles south, which itself avoided catastrophe thanks to a single surviving offsite power line; several offsite power lines were lost to the earthquake, and all diesel generators were lost to the tsunami), to the operating reactor and pool at Tokai (much closer to Tokyo). Regarding such a nightmare scenario, eerily similar to what Japanese filmmaker Akira Kurosawa depicted in Dreams, the New York Times reported:
“We would lose Fukushima Daini, then we would lose Tokai,” Mr. Edano is quoted as saying, naming two other nuclear plants. “If that happened, it was only logical to conclude that we would also lose Tokyo itself.”
On March 13, 2011, even as Fukushima Daiichi’s reactors were melting down and exploding, and its storage pools at risk of boiling or draining dry and the high-level radioactive waste catching fire, the U.S. Nuclear Regulatory Commission (NRC) provided false assurance to the U.S. public and news media, that no harmful levels of radioactive fallout would reach U.S. territories. However, at the very same time, NRC was itself worried about potentially hazardous levels of radioactive Iodine-131 reaching Alaska.
Just last week, NRC held public meetings about its newly unveiled, so-called “State of the Art Reactor Consequence Analysis” (SOARCA). One meeting took place near the Peach Bottom nuclear power plant in Pennsylvania, nor far from Philadelphia or Washington D.C., where two General Electric Boiling Water Reactors of the Mark I design (GE BWR Mark I) operate. Paul Gunter, Beyond Nuclear’s Reactor Oversight Project Director, attended and testified.
SOARCA is meant to replace a 1982 study, “Calculation of Reactor Accident Consequences” (CRAC-2). CRAC-2 made shocking projections of casualties and property damage that would result downwind of a catastrophic radioactivity release from an accident at either Peach Bottom Unit 2 or 3: 72,000 “peak early fatalities”; 45,000 “peak early injuries”; 37,000 “peak cancer deaths”; and $119 billion in property damages. But CRAC-2 was based on 1970 U.S. Census data. Populations have grown significantly in the past 42 years, so casualty figures would now be much worse. And when adjusted for inflation, property damages would now top $265 billion, in 2010 dollars. Such shocking figures may explain why NRC, which commissioned the study, tried to conceal its results from the public. But U.S. Rep. Ed Markey (D-MA) made the information public in congressional hearings.
Of course, as shown by Fukushima Daiichi, a major accident at either Peach Bottom reactor could very easily spread to the second reactor. And, as Yukio Edano — who now serves as Japan’s Minister of Economy, Trade, and Industry (METI), with direct oversight of the Nuclear and Industrial Safety Agency (NISA) — warned about Fukushima Daini and Tokai, a catastrophic radioactivity release from Peach Bottom could spread to other nearby nuclear power plants, such as Limerick Units 1 and 2, Three Mile Island Unit 1, and Salem Units 1 and 2/Hope Creek, forcing workers to evacuate and putting many additional reactors’ and high-level radioactive waste storage pools’ safety at risk.
Despite all this, NRC’s SOARCA — by assuming almost all radioactivity will be contained during an accident, any releases will happen slowly and in a predictable fashion, that emergency evacuation will come off without a hitch, etc. — claims that casualties will be low, or even non-existent. Such false assurances fall flat on their face in light of the lessons learned from the Fukushima Nuclear Catastrophe, including the new revelations described above.
In fact, Peach Bottom 2 and 3 are bigger in size than Fukushima’s Units 1 to 4. Peach Bottom 2 and 3 are both 1,112 Megawatt-electric (MW-e) reactors, 2,224 MW-e altogether. Fukushima Daiichi Unit 1 was 460 MW-e. Units 2 and 3 were each 784 MW-e. Altogether, they were “only” 2,028 MW-e, smaller in size than Peach Bottom 2 and 3. The same is true regarding high-level radioactive wastes. The Fukushima Daiichi Units 1 to 4 storage pools contained a total of 354 tons of irradiated nuclear fuel. Peach Bottom nuclear power plant, however, stores well over 1,500 tons of irradiated nuclear fuel on-site. Although Peach Bottom has installed dry cask storage, the vast majority of irradiated fuel is still stored in the Mark I elevated, and vulnerable, pools. Beyond Nuclear recently published a backgrounder on the risk of Mark I high-level radioactive waste storage pools.
NRC should immediately withdraw its absurd SOARCA report, and get about the business of protecting public health, safety, and the environment — its mandate — rather than doing the nuclear power industry’s bidding by downplaying risks as at Peach Bottom 2 and 3. A good place to start would be immediately and permanently shutting down all 23 operating Mark Is in the U.S., including Peach Bottom 2 and 3, as Beyond Nuclear’s “Freeze Our Fukushimas” campaign calls for.
Cindy Folkers is a Radiation and Health Specialist at Beyond Nuclear.
Related articles
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- Japan may have no nuclear reactors by summer (mnn.com)
Court to Vermont: “Drop Dead”
So Much for State’s Rights
By HARVEY WASSERMAN | CounterPunch | January 25, 2012
A federal judge has told the people of Vermont that a solemn contract between them and the reactor owner Entergy need not be honored. The fight will almost certainly now go to the US Supreme Court. At stake is not only the future of atomic power, but the legitimacy of all deals signed between corporations and the public.
Chief Justice John Roberts’ conservative court will soon decide whether a private corporation can sign what should be an enforceable contract with a public entity and then flat-out ignore it.
In 2003 Entergy made a deal with the state of Vermont. The Louisiana-based nuke speculator said that if it could buy and operate the decrepit Vermont Yankee reactor under certain terms and conditions, the company would then agree to shut it down if the state denied it a permit to continue. The drop dead date: March 21, 2012.
In the interim, VY has been found leaking radioactive tritium and much more into the ground and the nearby Connecticut River. Under oath, in public testimony, the company had denied that the pipes that leaked even existed.
One of Yankee’s cooling towers has also collapsed… just plain crumbled. One of Yankee’s siblings—Fukushima One—has melted and exploded (VY is one of some two dozen Fukushima clones licensed in the US).
In the face of these events, the legislature, in partnership with Vermont’s governor, voted 26-4 to deny Entergy a permit to continue. But the company is determined to continue reaping huge profits on a 35-year-old reactor — long since amortized at public expense — with very cheap overhead based on slipshod operating techniques where safety always comes second. Along the way Entergy has also tried to stick Vermont Yankee into an underfunded corporate shell aimed at shielding it from all economic liabilities. To allow VY to continue fissioning, Judge J. Garvin Murtha latched onto Entergy’s argument that the state legislature committed the horrible sin of actually discussing safety issues. These, by federal law, are reserved for Nuclear Regulatory Commission. He chose to ignore the serious breach of contract issues involved.
As Deb Katz of the Citizens Awareness Network puts it: “Entergy’s lawyers cherry-picked legislators’ questions about safety” from a previous debate relating to nuclear waste. “Judge Murtha supported the corporation over the will of the people.”
The surreal nature of telling a state it can’t vote to shut a reactor because it dared to consider the public health dates to the Atomic Energy Act of 1954. To paint a happy face on the atomic Bomb, Congress essentially exempted the nuclear power industry from public accountability. It gave the Atomic Energy Commission sole power to both regulate and promote its “too cheap to meter” technology. Some 67 years later, Judge Murtha says the legislature’s encroachment on the province of safety means Entergy can violate its solemn legal agreement with the people of Vermont.
In practical terms, this could mean that any corporation can bust any public trust on even the flimsiest pretext. Let the corporate lawyers find some pale excuse and the company can skirt its contractual obligations. In the hands of the supremely corporatist Roberts Court, this case could join Citizens United in a devastating one-two punch for the unrestrained power of the private corporation. It would also put the reactor industry even further beyond control of the people it irradiates.
Thankfully, the judge did not entirely rule out the possibility of the state taking some kind of action. Vermont’s Public Service Board still has the right to deny Entergy an extension. Perhaps the commissioners will ban the word “safety” from all proceedings. If they do say VY must be shut, Entergy’s legal team will certainly [seek] even newer, more creative ways to appeal. Vermonters will stage a shutdown rally March 21. Local activism against the reactor continues to escalate. No US reactor has been ordered and completed since 1973. Shutting Vermont Yankee or any other of the 104 American reactors now licensed might well open the floodgates to shutting the rest of them, as Germany is now doing.
Karl Grossman has suggested Vermont use eminent domain to shut VY, as New York did 20 years ago to bury the $7 billion Shoreham reactor, which was stopped from going into commercial operation.
However it happens, the people of Vermont are in a race against time to prevent another Fukushima in their back yard—which is also all of ours.
“When this rogue corporation is again rejected,” says Katz, “the will of the people and democracy will be upheld. Lets commit to doing whatever we can to at last make a nuclear corporation keep its word.”
Harvey Wasserman, a co-founder of Musicians United for Safe Energy, is editing the nukefree.org web site.
The Plot to Oust America’s Nuclear Watchdog
By ANDREW COCKBURN | CounterPunch | December 15, 2011
In what may well be a temporary aberration, the Obama Administration appears to be sticking by Nuclear Regulatory Commission Chairman Gregory Jaczko, even though the nuclear industry most definitely wants him out. The current assault on Jaczko has come in the form of a “confidential” letter from Jaczko’s four fellow commissioners sent in October to White House Chief of Staff William Daley complaining that the NRC Chairman pays scant attention to their views and generally runs the Commission as a one man show. Should the attack succeed, the new Chairman will most likely be William Magwood, long a tireless promoter of nuclear power as Director of the Department of Energy’s (DOE) Office of Nuclear Energy where he promoted the Global Nuclear Energy Partnership, a program to restart reprocessing of nuclear waste.
Obama himself has had a long and unpleasing record of engagement with the nuclear industry, notably the Exelon Corporation, which has been making generous provision to Obama’s campaign chest ever since his days in the Illinois Senate, where he performed various useful services on the corporation’s behalf. It should therefore have come as no surprise that when a vacancy arose on the NRC board early in his administration, Obama nominated Magwood.
The nomination was opposed by over a hundred organizations which vainly cited Magwood’s shameful record as a tout for the industry he was now supposed to regulate. Once installed early in 2010, he showed every sign of a zealous commitment to advancing the priorities of the nuclear power industry.
Back in those happy pre-Fukushima days, the future appeared bright for nuclear power. The public obloquy that followed Three Mile Island, condemning the industry to years of stagnation, was at last dissipating, thanks to artful invocation of the specter of global warming and concurrent recasting of nuclear power as a “clean” energy source and toast of the environmental movement.
One problem remained: longterm disposal of high level nuclear waste. In 1987 it had seemed that this particular issue had been settled with the passage in Congress of the “Screw Nevada” bill nominating Yucca Mountain, 80 miles northwest of Las Vegas, as the sole suitable site that could be considered for the permanent interment of 72,000 tons of lethal waste currently stored at reactors around the country. The selection had little scientific validity, given that the site marks the juncture of two seismic fault lines and in any case is volcanically active and composed of porous rock, through which flows drinking water for one of Nevada’s most important farming areas, as well as an Indian reservation. The mountain is also sacred to the Western Shoshone people.
Opposing the infamous bill was freshman Senator Harry Reid. Outraged and humiliated by the way that legislators from Washington state and Texas, the two other nominees for a waste site, had effectively consigned Nevada to be the radioactive trash dump, Reid, a former amateur boxer, remarked that “sometimes you have to go round the back of the bar” to finish a fight.
In ensuing years, as the construction crews tunneled away into the depths of the mountain, Reid took several initiatives to ensure that Yucca Mountain never opened for business. First, he advanced through the Democratic leadership to become Majority Leader in 2006. Second, he maneuvered successfully to move Nevada’s Democratic caucuses to January, thus rendering them potentially crucial in the nomination race. This had the natural consequence of generating fervent pledges from Barack Obama and Hilary Clinton in 2008 that, so long as there was breath in their bodies, Yucca Mountain would never hold nuclear waste. Thirdly, Reid recruited as his appropriations director and science policy adviser Gregory Jaczko, a former aide to veteran anti-nuke congressman Ed Markey. Fourth, he induced George W. Bush in 2005, to nominate Jaczko as a Commissioner to the NRC in exchange for dropping Democratic opposition to a number of federal judgeships. Following Obama’s presidential victory, Reid demanded and secured Jaczko’s appointment as Chairman of the NRC.
Once at the helm, Jaczko moved with commendable dispatch to shut down Yucca Mountain once and for all even while fellow commissioners echoed the nuclear industry in pushing for a mere suspension of the project. Then came the Fukushima disaster. As the reactor buildings exploded and US military radiation monitors in Japan ticked remorselessly upwards, the US government began to panic. “I’ve lived through many crises in the decades I’ve been in government,” one national security official intimately involved in the Fukushima response told me, “but this was the most frightening week of my professional life, by far. We thought we were going to lose half of Japan.”
While the Japanese government reacted to the catastrophe with criminal quiescence – enjoining evacuation merely from an area within 12 miles of the plant – Jaczko took more decisive action, telling Americans within 50 miles to move out. This was anathema to the industry, a sentiment emphatically mirrored in the four commissioners’ letter of complaint to the White House. Further initiatives irksome to Magwood and the others included a push to enjoin additional safety measures on US reactor operators in light of Fukushima.
“He’s not ‘our guy’ by any means, he has voted to re-license plants that should probably be shut down” says Kevin Kamps of Beyond Nuclear. “But he does care about safety, in ways that the others do not.”
So far at least, the White House, conscious no doubt of Nevada’s electoral votes, is backing Jaczko. But, even while Jaczko confronts his assailants, a Blue Ribbon Commission on America’s Nuclear Future has been chewing on the problem of what to do with the radioactive waste filling up pools at reactors around the U.S.. Headed by that perennial placeman, former congressman Lee Hamilton, the commissioners include Obama’s old pal, Exelon CEO John Rowe, who, as Beyond Nuclear’s Kamps points out, “has created more nuclear waste than anyone else in America.”
Senator Reid’s work may not yet be done.
ANDREW COCKBURN is the co-producer of the feature documentary on the financial catastrophe American Casino. He is a contributor to Hopeless: Barack Obama and the Politics of Illusion, forthcoming from AK Press. He can be reached at amcockburn@gmail.com
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Update:
US: Nuclear Regulatory Commission Chairman Jaczko Steps Down
Act against corporate interests, and become a target for personal destruction.
Huffington Post | May 22, 2012
WASHINGTON — Under a withering assault from the industry, Nuclear Regulatory Commission Chairman Gregory Jaczko is stepping down, effective upon the confirmation of his successor, according to a statement from Jaczko.
The resignation follows months of bureaucratic knife-wielding by the four industry-backed members of the five-person panel. Like something out of Dumas, the passionate infighting stretched back decades. The industry effort was spearheaded by Democratic Commissioner Bill Magwood. […]
HuffPost reported that Magwood, who spent his career moving in and out of the private sector, had done nuclear safety consulting for the company that owns the Fukushima nuclear power plant. … Read full article
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NRC Oversight Hearing, Dec. 14, 2011

