Speaking out against foreign ownership of U.S. atomic reactors

Recently elected to the U.S. Senate, Ed Markey (D-MA) has watchdogged the nuclear industry for four decades while serving in the U.S. House of Representatives. Today, he has spokean out against NRC weakening its rules on foreign ownership of U.S. atomic reactors.For several long years, an environmental coalition comprised of NIRS, Beyond Nuclear, Public Citizen, and Southern Maryland CARES co-intervened against the proposed new atomic reactor at Calvert Cliffs, Maryland on the Chesapeake Bay, and won. The death blow in the U.S. Nuclear Regulatory Commission (NRC) licensing proceeding was dealt by a contention against foreign ownership of U.S. atomic reactors, argued pro se by NIRS executive director Michael Mariotte. Baltimore-based Constellation Energy abandoned the project, leaving French government-owned Electricite de France (EDF) holding the bag with 100% ownership stakes, a clear violation of the U.S. Atomic Energy Act of 1954. Reading the writing on the walls, no other U.S. nuclear utility stepped forward to fill the void. The project was doomed, and ultimately defeated.

As NIRS states in its press release below, "Earlier this week, EDF announced that it is permanently leaving the U.S. nuclear power market and will no longer attempt to build new reactors here."

Now NRC is trying to loosen its rules prohibiting foreign ownership of U.S. reactors. NIRS put out the following message:

"[T]oday NIRS submitted lengthy comments to the NRC--supported by 65 other groups [including Beyond Nuclear] -- urging the strengthening of the rules implementing the Atomic Energy Act's ban on foreign ownership, control or domination. The legislative history of the Act shows that Congress intended that no more than about 25% of a reactor can be foreign-owned, but the NRC has moved far away from that over the years. It's time that the agency do what Congress intended and actively prevent foreign control of U.S. nuclear reactors. Here is a press release about the comments; here are the comments themselves (pdf); and here are comments submitted today by Sen. Ed Markey (D-Mass.) [photo, above left] (also pdf).

The NRC is planning a webinar on the issue on August 21. Here is the information; contact the NRC if you'd like to speak during this meeting."

Environmental interveners respond to Duke's cancellation of proposed new reactors at Levy County, FL

Washington, D.C.-based attorney, Diane Curran, represented environmental interveners NIRS and Ecology Party of Florida against the now-cancelled proposed new reactors at Levy Co., FLThe Ecology Party of Florida and NIRS, environmental interveners against Duke/Progress Energy's proposed new reactors at Levy County, FL, have responded to the announced cancellation:

The Ecology Party of Florida could not be happier that the proposed nuclear plant scheduled for construction in Levy County, Florida (LNP), has been cancelled by Duke Energy, which acquired Progress Energy Florida (PEF), the LNP applicant.  The Ecology Party, along with Nuclear Information and Resource Service (NIRS) waged a five-year battle within the confines of the Nuclear Regulatory Commission’s  (NRC) rigged system, challenging the construction of the plant. The challenge was based primarily on the fact that the water modeling used was unsuited for the karst geology at the site and that in combination with other mining projects in the area, including the nearby proposed King Road Tarmac mine which would have supplied materials for the plant. Due to this failing, the proposed LNP  would have irreparably harmed the aquifer, source of drinking water for the area. Dewatering the area further than it already has been would have resulted in impacts far more serious and far-reaching than those alleged by Progress and the NRC Staff.  The two groups presented evidence that any predictions in the Environmental Impact Statement (EIS) were inadequate and that the destructive consequences of withdrawing millions of gallons of water from the aquifer each day, as well as drawing all fresh water from the abandoned Cross Florida Barge Canal and its estuary in the Gulf had been grossly underestimated.

The Army Corps of Engineers (Corps) had not yet issued the necessary permit for the destruction of wetlands at the site and the Ecology Party, its members, and Hydroecologist Dr. Sydney Bacchus, primary expert for the Ecology Party, have been extremely active in opposing the project in the Corps' process. We believe our opposition and the compelling evidence we've submitted has had a bearing on the decision.

In response to news of the abandoned LNP project, Dr. Bacchus's reaction was, "This is an excellent example of what can be accomplished when the public refuses to accept false and inaccurate information fed to agencies by consultants and instead fights to have the truth exposed. I hope this will serve as a role model for future grass-root battles."

Diane Curran [photo, above left], who represented the Ecology Party and NIRS said, “It is great news for the environment that PEF apparently thinks Levy would be an economic disaster.  It would have been an even bigger disaster for the fragile wetlands where PEF wanted to build the reactors.”

Cara Campbell, Chair of the Ecology Party, pointed out, “The cost of this debacle had risen from 4 Billion dollars to 25 Billion. How much were the ratepayers of Florida expected to take?”

"The people, animals, plants and waters of the Nature Coast are figuratively sighing with relief that an area of recreation and sanctuary, the Nature Coast, will be nuclear-free!" said Mary Olson of Nuclear Information and Resource Service who supported efforts by Florida activists to intervene in the proposed Levy County 1 & 2 nuclear license.

Michael Mariotte, Executive Director of Nuclear Information and Resource Service (NIRS), added:

"The nuclear renaissance is in shambles. Earlier this week, the world's largest nuclear company, Electricite De France, announced it is leaving the U.S. nuclear market having failed to build any of the reactors it was planning. Now Duke Energy is giving up on the most expensive nuclear project ever proposed--and the only "greenfields" site in the supposed nuclear revival. The basic truths about nuclear power outweigh the fantasies of nuclear boosters: it remains too dirty, dangerous and expensive to be a viable source of new electricity."

NRC announces 3 year delay in licensing Duke's proposed 2 new William Lee atomic reactors in South Carolina

In addition to its announced abandonment of its Levy County, Florida proposed new nuclear power plant, Duke Nuclear suffered another blow this week, E&E reported today in an article entitled "Budget cuts, workload delay decision on S.C. reactors." The U.S. Nuclear Regulatory Commission (NRC) announced that federal budget cuts, its post-Fukushima workload, and Duke's decision to move the location of the two proposed new William Lee atomic reactors had led to the postponement of a licensing decision by three years, to April 2016.

Update on August 1, 2013 by admin

Mark Cooper of Vermont Law School's Institute for Energy and the EnvironmentEnergy economist Mark Cooper at Vermont Law School's Institute for Energy and the Environment has issued a media statement in response to Duke/Progess's announced abandonment of its proposal to build two new atomic reactors at Levy County, Florida.

Cooper's statement begins:

"The announcement by Duke that it is abandoning the Levy reactor project in Florida is the second such announcement by that utility in the space of just a few weeks. The Duke decision to pull the plug on Levy follows by just one day the announcement that the French-subsidized nuclear giant EDF is pulling out of the U.S. nuclear power market due to the inability of nuclear power to compete with alternatives and the dramatic reduction in demand growth caused by increasing efficiency of electricity consuming devices. Exelon, with the largest U.S. nuclear fleet, recently purchased the nuclear assets of Constellation in an effort to achieve synergies (i.e. lower the operating costs) of its nuclear assets. Entergy, the second largest nuclear operator, has reorganized its nuclear assets and is slashing staffing..."

On July 17th, Cooper published a report, "Renaissance in Reverse," documenting the likelihood that up to 38 atomic reactors nationwide would "retire early," before the expiration of their operating licenses, including a dozen at risk of near-term permanent shutdown, due to an array of economic, operational, and safety factors. This is in addition to nearly three dozen proposed new reactors across the U.S., which up until recently, were listed on the NRC's website. Other than the 4 proposed new reactors at Vogtle, GA and Summer, SC, most of the rest are either indefinitely postponed, or else outright canceled.