Environmental coalition defends Davis-Besse intervention at ASLB oral argument pre-hearings in Toledo

Environmental coalition attorney Terry Lodge of Toledo speaks out against Davis-Besse's 20 year license extension at an NRC meeting at Oak Harbor High School, Oak Harbor, OH on August 9, 2012The environmental coalition comprised of Beyond Nuclear, Citizens Environment Alliance of Southwestern Ontario, Don't Waste Michigan, and the Green Party of Ohio has defended its intervention contentions against the proposed 20 year license extension at FirstEnergy Nuclear Operating Company's (FENOC) Davis-Besse atomic reactor. The U.S. Nuclear Regulatory Commission (NRC) Atomic Safety (sic) and Licensing Board (ASLB) oral argument pre-hearings took place on Nov. 5th and 6th (yes, Election Day) in Toledo, Ohio at the Lucas County Courthouse. The coalition's representatives, including attorney Terry Lodge of Toledo (photo, left), Kevin Kamps of Beyond Nuclear, and Michael Keegan of Don't Waste Michigan, squared off against opposition to the contentions mounted by FENOC's and NRC's legal teams and experts.

The environmental coalition defended its Severe Accident Mitigation Alternatives (SAMA) analyses contentions -- already admitted for a full hearing on the merits by ASLB -- against a motion for summary disposition mounted by FENOC. The coalition also advocated for admission of its cracked concrete containment contention for a full hearing on the merits, while FENOC and NRC staff opposed it.

On Monday, the Toledo Blade published an editorial, "Tough enough to last?", questioning the structural integrity of the shield building for 25 more years (2012 to 2037). Today, it ran an article, "Davis-Besse hearings open." U.S. Congressman Dennis Kucinich (D-OH), a long-time watchdog on Davis-Besse and other FENOC atomic reactors,submitted a statement for the hearing record.

"Aging and Expensive, Reactors Face Mothballs"

The Kewaunee atomic reactor on Wisconsin's Lake Michigan shoreThe New York Times has reported on the economics that have not only led to the Kewaunee atomic reactor's (photo, left) announced closure in Wisconsin, but also other pressures and forces on reactors, from Entergy's Indian Point near New York City to Vermont Yankee, Duke's Crystal River in Florida, Exelon's Oyster Creek in New Jersey, and Southern California Edison's San Onofre. The article speaks of "[t]he industry’s renewed glimpse of its mortality" and states "the nuclear industry may be nearing its first round of retirements since the mid-1990s."  Kewaunee's closure will be the first at an American atomic reactor since several (Yankee Rowe, Massachusetts; Zion 1 & 2, Illinois; Big Rock Point, Michigan; Millstone Unit 1, Connecticut) in the mid to late 1990s. 

The article reports:

"The stress comes after a decade of remarkable stability for the nuclear fleet, which, contrary to the expectations of some of its opponents, has shown some signs of prosperous maturity. According to industry statistics, 71 [actually, the number is 73] reactors have received permission to operate up to 20 years beyond their initial 40-year operating licenses and the applications of 15 more are under review. Another 17 have announced their intention to seek renewal, leaving only one with unannounced intentions...

The industry’s renewed glimpse of its mortality comes as the Nuclear Regulatory Commission is working on the question of whether the existing plants can get a second 20-year extension, to age 80. But license extension may not be the problem. Wider economic circumstances may be instead."

In fact, Dominion Nuclear's announced Kewaunee's "retirement" when it could not find an interested buyer, despite NRC's rubberstamp of Kewaunee's 20 year license extension in 2011.

Nearly half of the atomic reactors on Lake Michigan's shores have closed over the past 15 years

NRC file photo of KewauneeFrom The Washington Post: "Dominion Resources Inc. said Monday that it plans to close and decommission its Kewaunee Power Station in Wisconsin after it was unable to find a buyer for the nuclear power plant".

As nuclear power continues to crumble under the weight of its own disastrous economics, Dominion CEO, Thomas F. Farrell II,  becomes the latest industry CEO to lose confidence in the nuclear business. "This decision was based purely on economics," Farrell said. Dominion also operates the two North Anna, VA reactors, where a proposed third reactor plan looks fragile at best. It also operates Millstone, CT and Surry, VA.

A buyer could not be found, even though the U.S. Nuclear Regulatory Commission (NRC) had already rubberstamped a 20 year license extension at Kewaunee.

Reuters also reported on this story, stating that more atomic reactors could follow suit, their bad economics forcing their closure:

"Especially vulnerable under this scenario would be small, old single reactor sites.

Other units that could be on the hit list because they fit the profile include Exelon Corp's Oyster Creek in New Jersey, Xcel Energy Inc's Monticello in Minnesota, and Entergy Corp's Palisades in Michigan, Vermont Yankee in Vermont and Pilgrim in Massachusetts."

In 1997, Big Rock Point in Michigan was permanently closed, as were Zion 1 & 2 in Illinois in 1998. Kewaunee's closure in 2013 will be the fifth reactor shut down on Lake Michigan's shores in 15 years. This will leave Point Beach 1 & 2 in WI, Palisades in MI, and Cook 1 & 2 in MI still operating on Lake Michigan's shores. Lake Michigan is a headwaters for the Great Lakes, 20% of the world's surface fresh water, providing drinking water for 40 million people in 8 U.S. states, 2 Canadian provinces, and a large number of Native American First Americans.

Several years ago, Kewaunee had more NRC "yellow findings" (the second highest category of safety violation) than the other (at the time) 102 operating reactors in the entire country. The very same year, Point Beach had more "red findings" (NRC's worst category of safety violation) than the rest of the industry combined. Kewaunee and Point Beach are a mere seven miles apart, the same distance as between Fukushima Daiichi and Daini in Japan. Daiichi and Daini's proximity, as well as their proximity to Tokai nearer Tokyo, led the Japanese federal government to prepare worst case scenario plans to evacuate 30 million people from Tokyo in the event of a "demonic chain reaction" of reactor melt downs and radioactive waste storage pool fires.

An NRC daily event report revealed that Dominion's announcement to decommission Kewaunee caused a security incident, as reporters descended on the reactor to cover the story.

The New York Times and Greenwire have also reported on this story, as has World Nuclear News.

Update on October 24, 2012 by admin

A number of Wisconsin news media outlets have reported on this story: the Fond du Lac Reporter; a number of stories by Fox 11, including one about local residents' safety, environmental, public health, and security concernsabout decommissioning, dismantlement releasing radioactivity, and high-level radioactive waste storage for decades along the Lake Michigan shoreline; the Green Bay Press Gazette; Wisconsin Radio Network; and the Milwaukee Journal Sentinel, which quoted a Dominion Nuclear spokesman admitting that maintaining safe operations at Kewaunee was cost prohibitive at the age-degraded reactor:

"Owning more plants in one area would [have] allowed one company 'to leverage the megawatts and the shared staff,' said Richard Zuercher, a Dominion spokesman.

'We looked at all alternatives to keep the unit operating, but we could not make the reductions in the cost without it affecting safety,' Zuercher said." (emphasis added)

People power pressure against Entergy intensifies nationwide

Entergy Nuclear's ironic motto, "The Power of People" (see left), has backfired, with concerted pressure intensifying against its dirty dozen atomic reactors across the country. In New York, hearings have begun on the State's and environmental groups' opposition to Indian Point's license extensions; the Alliance for a Green Economy and Beyond Nuclear have followed up their emergency enforcement petition with a Freedom of Information Act (FOIA) request against the FitzPatrick Mark I; and Beyond Nuclear has been invited to speak in Stony Point on October 21st, and on Long Island on October 27th. A lawsuit has been launched against the Pilgrim Mark I near Boston, objecting to Entergy's impacts on Cape Cod Bay. And at Vermont Yankee, the drum beat of citizen actions continues, as oral arguments at the federal court of appeals against the Mark I's extended operations are scheduled for next month.

NRC has already rubberstamped 20 year license extensions at FitzPatrick, Pilgrim, and Vermont Yankee, as it has at an addition 70 reactors nationwide. It is poised to do so at Indian Point Units 2 & 3 as well. Despite this, resistance continues, calling for shutdowns before meltdowns.

NRC ASLB oral argument pre-hearings on Davis-Besse license extension, Nov. 5 & 6, Toledo

Nuclear Regulatory Commission photos taken in late 2011 show the laminar subsurface cracking (left) at the Shield Building and core bore samples from the Shield Building. Despite the severe cracking, NRC Staff has strenuously opposed the environmental coalition's attempts to raise the issue in the license extension proceedings.The U.S. Nuclear Regulatory Commission (NRC) Atomic Safety (sic) and Licensing Board (ASLB) panel presiding over the Davis-Besse atomic reactor license extension proceeding has ordered oral argument pre-hearings at the Common Pleas Courtroom in the Lucas County Courthouse, located at 700 Adams Street in downtown Toledo, Ohio, to be held from 9 AM to 4:30 PM on Monday, November 5th and Tuesday, November 6th (yes, Election Day!).

Beyond Nuclear, along with Citizens Environment Alliance of Southwestern Ontario, Don't Waste Michigan, and the Green Party of Ohio, represented by Toledo attorney Terry Lodge, launched an official intervention against Davis-Besse's 20 year license extension on December 27, 2010. At these oral argument pre-hearings, the environmental coalition will strive to fend off FirstEnergy Nuclear Operating Company's (FENOC) and NRC Staff's attempts to gut their Severe Accident Mitigation Alternatives (SAMA) analyses contention, which alleges that FENOC's SAMA models significantly underestimate the casualties and costs of a catastrophic radioactivity release from Davis-Besse.

The coalition will also argue for a hearing on the merits of its concrete containment cracking contention, first filed on January 10, 2012, and supplememted numerous times this year based on new revelations contained in FENOC and NRC documents, including those made public by a Beyond Nuclear Freedom of Information Act (FOIA) request.

Members of the public and news media reporters are encouraged to attend these critical oral argument pre-hearings. But, as the ASLB itself has noted: "We recognize that November 6 is Election Day. We encourage those who will have to travel out-of-town to attend this oral argument to vote early if their jurisdiction permits or to request an absentee ballot."