By another name, NRC Commission blesses Nuclear Waste Confidence

Environmental coalition members from the Crabshell Alliance, Sierra Club Nuclear-Free Campaign, NIRS, PSR, NEIS, and Public Citizen "just say NO!" at the NRC HQ nuke waste con game public comment meeting on 11/14/13 in Rockville, MD. Photo credit David Martin and Erica Grey.Today, the U.S. Nuclear Regulatory Commission's (NRC) four Commissioners blessed the NRC staff's "Continued Storage of Spent Nuclear Fuel" Generic Environmental Impact Statement (GEIS) and Rule, previously called the NRC's "Nuclear Waste Confidence" policy.

The vote went ahead, despite widespread calls for Commissioner William Magwood to resign, or recuse himself, due to conflict of interest, and despite a call for NRC Chairman Allison Macfarlane to postpone the vote until after Commissioner Magwood's departure from the agency on Aug. 31st.

The Commissioners' explanations for their votes included a partial objection by NRC Chairman Allison Macfarlane, that NRC staff had not adequately considered the "catastrophe" that would unfold over time, if institutional control were to be lost over irradiated nuclear fuel storage. However, even she joined NRC Commissioners Kristine Svinicki, William Ostendorff, and Magwood, in approving finalization of the GEIS and Rule, pending a few, very minor corrections.

She also joined their unanimous Memorandum and Order, that stays on final NRC approvals for some two dozen operating license proceedings -- both at pending old reactor license extensions, as well as in proposed new reactor combined Construction and Operating License Application (COLA) proceedings -- be ended. Thus, licenses can now be approved by NRC licensing boards, 30 days after publication of these decisions in the Federal Register, which is set for next month.

These include the proposed new Fermi 3, MI and Grand Gulf 2, MS COLA proceedings, and several old reactor license extension proceedings (Seabrook, NH; Davis-Besse, OH; Grand Gulf Unit 1, MS; Fermi 2, MI), in which Beyond Nuclear has intervened, opposing NRC's approval of the operating licenses.

Thus, the NRC has ignored many tens of thousands of public comments, including in-depth comments made by Beyond Nuclear, a coalition of three dozen environmental groups, and a coalition of state governments and Native American tribes. The NRC has blessed the continued generation of forever deadly high-level radioactive waste, attempting to take the issue off the table in pending, and future, reactor licensing proceedings. But the big question remains: will NRC's flagrant flouting of federal court orders be allowed to stand?

Explaining how the NRC could, yet again, bless the "nuke waste con game," despite the inherent environmental and safety risks, Mother Jones quoted Beyond Nuclear's Radioactive Waste Watchdog, Kevin Kamps: "The industry crawls all over that place in terms of lobbying. They own that place."

Will NRC require Entergy clean up its act at Palisades' security department?

Don't Waste Michigan board members Michael Keegan, Alice Hirt, and Kevin Kamps call for Palisades' permanent shutdown at the 2000 Nuclear-Free Great Lakes Action Camp, on the Lake Michigan beach at Van Buren State Park, with the atomic reactor's cooling tower steam visible in the backgroundJudging by Entergy's several years worth of security failures at Palisades, and breaches going back over a decade at other Entergy nuclear power plants such as Indian Point near New York City, the answer to that question is quite dubious.

Beyond Nuclear has published a backgrounder chronicling Entergy security problems at Palisades and Indian Point, and the lethal, and potentially catastrophic risks, at stake. See the PDF, as well as the Word version (containing live links to various documents cited).

The backgrounder was prompted by an NRC Confirmatory Order that went into effect on August 22nd.

Concerns include threats to civil liberties, such as the right to peacably assemble, and freedom of speech, without fear of lethal force being used by heavily armed, overworked, and perhaps inadequately trained, security guards. Guards who may soon be granted immunity, under state law, if they wrongfully shoot someone dead, whether a protestor, kayaker, or hiker.

Incredibly, NRC's chief spokesman for the Midwest region, Viktoria Mytling, has expressed support for the state grant of immunity to nuclear power plant security guards in Michigan, including at Palisades.

Update on August 26, 2014 by admin

NBC 5 Chicago reporter Chris Coffey interviewed Beyond Nuclear's Radioactive Waste Watchdog, Kevin Kamps, regarding the security failures at Entergy's Palisades atomic reactor on the shore of Lake Michigan -- Chicago's drinking water supply. Kevin warned that the security department at Palisades is a "chilled work environment," because guards are reluctant to raise safety and security concerns for fear of being harassed, retaliated against, and even fired by their own management. Kevin added that "They've got a very serious safety and security and accident potential at Palisades because of the age of the reactor."

The Kalamazoo Gazette's Yvonne Zipp has also reported on this issue, in an article entitled "Safety culture of Palisades Nuclear Plant's security department scrutinized after ex-guards raise concerns." The article is one in a multi-part series appearing this week.

Groups urge NRC to postpone key votes in order to avoid “taint” of Magwood conflict of interest

NRC Commissioner William Magwood IV34 groups, including Beyond Nuclear, have written a letter to the U.S. Nuclear Regulatory Commission's Chairman, Allison Macfarlane, as well as NRC Commissioners Christine Svinicki and William Ostendorff, urging them to postpone key Commission votes until after the departure of Commissioner William Magwood IV (photo, left) for his new job as Director-General of the Nuclear Energy Agency in Paris on September 1st.

The NEA's mission statement is to promote nuclear power, while NRC's is supposed to be public health, safety, and environmental protection. The 34 groups allege a glaring conflict of interest on Magwood's part, and have previously called for his resignation, as well as retroactive recusal on all nuclear safety votes dating back to his solicitation of the NEA directorship.

The key votes, now set for August 26th, are on NRC Commission approval of NRC staff's "Continued Storage" (formerly called Nuclear Waste Confidence) Generic Environmental Impact Statement (and very likely its closely associated Rule). The Continued Storage GEIS and Rule hold that irradiated nuclear fuel can be safely, securely, and soundly stored on-site at nuclear power plants, as well as at away-from-reactor consolidated "interim" storage sites, for many decades to come, and effectively, indefinitely.

The Commissioners could also vote to lift a stay on old reactor license extensions, and new reactor construction and operating licenses, in place since the D.C. Circuit Court of Appeals nullified NRC's indefensible Nuclear Waste Confidence policy in June, 2012. Via their standing as official intervenors, Beyond Nuclear and its environmental allies have helped secure stays against final approval of the Fermi 3, MI proposed new reactor construction and operating license, as well as the Davis-Besse, OH 20-year license extension, until the court-ordered revison of the Nuclear Waste Confidence policy has been finalized.

The 34-group environmental coalition, represented by attorneys Diane Curran of Harmon, Curran, Spielberg + Eisenberg LLP of Washington, D.C., and Mindy Goldstein of the Turner Environmental Law Clinic at Emory University in Atlanta, has also issued a press release.

The Hill, the Washington Post, and E&E/Greenwire, have reported on this story. The latter article, which requires a subscription to view, mentions Beyond Nuclear et al.'s request to Commissioner Magwood, filed two months ago, that he recuse himself from the Fermi 3 licensing proceeding. Magwood refused to do so.

Katherine Fuchs at FOE has posted a blog about Magwood, "Revolving doors at the Nuclear Regulatory Commission."

Update on August 22, 2014 by admin

The self-described pro-nuclear editorial board at the Daily Progress in Charolottesville, VA has expressed its support for the environmental coalition's reasonable requests.

Environmental groups oppose Fermi 2 license extension

NRC file photo of Fermi 2Multiple environmental groups have met an arbitrarily short, 11:59pm Eastern deadline, and officially intervened against the application by DTE (Detroit Edison) to extend the operating license at its Fermi 2 atomic reactor (photo, left) for an additional 20 years. Fermi 2's operating license is currently set to expire in 2025.

DTE's Fermi nuclear power plant, most infamous for the October 5, 1966 "We Almost Lost Detroit" partial meltdown of its Unit 1 experimental plutonium breeder reactor, is located on the Lake Erie shore of southeast Michigan, in Monroe County.

Beyond Nuclear has entered into coalition with Citizens Environment Alliance of Southwestern Ontario, as well as Don't Waste Michigan, to file four contentions against Fermi 2's license extension.

Two of the contentions concern radioactive waste. The first is about the risk of catastrophic irradiated nuclear fuel storage pool fires. Fermi 2's storage pool holds around 600 tons of irradiated nuclear fuel, more than all four destroyed units at Fukushima Daiichi put together (419 tons). The second radioactive waste contention is about the lack of safety and environmental assurances, since the U.S. Nuclear Regulatory Commission's (NRC) "Nuclear Waste Confidence" policy was declared null and void two years ago by the D.C. Circuit Court of Appeals, and NRC has not yet replaced it.

Another contention concerns the General Electric Mark I Boiling Water Reactor, and its containment's, long-known, fatal design flaws. Fermi 2 is largest GE Mark I BWR in the world, almost as big as the melted down Fukushima Daiichi Units 1 and 2 reactor cores put together. 

The final contention is about the interconnected risks between the age-degraded Fermi 2, and the untested, proposed new Fermi 3 atomic reactor, including the vulnerability of both sharing a common off-site electricity transmission corridor.

The three groups, joined by Citizens for Alternatives to Chemical Contamination, as well as the Sierra Club, Michigan Chapter, have also been intervening against the Fermi 3 proposed new reactor since March, 2009.

Both coalitions challenging Fermi 2, and Fermi 3, are represented by Toledo-based attorney Terry Lodge.

Citizens Resistance at Fermi Two (CRAFT) separately filed 14 contentions of its own against the Fermi 2 license extension. CRAFT released a press release.

Two dozen groups urge State of MA to divest from Entergy due to safety and economic risks at Pilgrim

NRC file photo of Entergy's Pilgrim GE BWR Mark I on Cape Cod Bay in Plymouth, MABeyond Nuclear has signed onto an effort spearheaded by the Association to Preserve Cape Cod, and endorsed by two dozen local groups, to urge the State of Massachusetts to divest more than $8 million invested in Entergy. The signatory groups cited the economic and safety risks associated with the nuclear utility's problem-plagued Pilgrim atomic reactor. A June 4th letter was sent to Governor Patrick and Treasurer Grossman, as described in a June 9th press release.

NRC recently placed Pilgrim on its "degraded" performance short list. The only other reactor in the country with a worse performance designation is FitzPatrick in upstate New York. Both Pilgrim and FitzPatrick are General Electric Mark I boiling water reactors, identical in design to Fukushima Daiichi Units 1 to 4.

Entergy's Palisades atomic reactor in Michigan was similarly designated one of the worst performers in the U.S. a couple years ago, after not one but two near-misses in 2011, and yet another one in 2012, as documented by David Lochbaum at Union of Concerned Scientists.

A year ago, energy economist Mark Cooper of Vermont Law School identified Entergy's six merchant reactors (half its national fleet), including Pilgrim, as at risk of near-term shutdown. This is due to a variety of factors, including economic uncompetitiveness and needed, costly safety repairs. In August 2013, Cooper was proven right, when Entergy announced the permanent shutdown of Vermont Yankee (another Entergy GE BWR Mark I) by the end of 2014.

Update on June 11, 2014 by admin

The State Treasurer of Massachusetts has responded to the Association to Preserve Cape Cod, expressing strong support for the efforts to permanently close Entergy's Pilgrim atomic reactor. However, the State Treasurer has indicated that divestment of state pension funds from Entergy would require the enactment of legislation -- that is, action by the state legislature, as well as the governor.