NRC ASLB rules against environmental coalition's contentions challenging 20-year license extension at Davis-Besse

"Homer Simpson and Humpty Dumpty act out" the Blizzard of '78 "snow job" root cause theory for shield building cracking at Davis-Besse's front entrance on March 24, 2012. The street theater was held in solidarity with the SAGE Alliance's Shut Down Vermont Yankee day of action, and protested FENOC's cherry-picked "root cause of convenience," first floated on Feb. 28th.The U.S. Nuclear Regulatory Commission's (NRC) Atomic Safety (sic) and Licensing Board (ASLB) today issued two rulings rejecting an environmental coalition's intervention against the 20-year license extension sought by FirstEnergy Nuclear Operating Company (FENOC) at its problem-plagued Davis-Besse atomic reactor near Toledo.

The first ruling supported FENOC's Motion for Summary Dismissal of the environmental interveners' (Beyond Nuclear, Citizens Environment Alliance of Southwestern Ontario, Don't Waste Michigan, Green Party of Ohio, represented by Toledo attorney Terry Lodge) Severe Accident Mitigation Alternatives (SAMA) analyses contentions, previously admitted for hearing. To do so, both ASLB and NRC had to ignore FENOC's assumption that the containment structures at Davis-Besse are fully functional, which they are not. This ruling came despite FENOC's admission that it had made five major errors in its original SAMA analyses, such as under-estimating the value of Ohio farmland and urban property values, and even getting wind directions 180 degrees wrong.

The second ruling rejected interveners' proposed cracked concrete containment contention. Intervenors' have dubbed FENOC's claim that the Blizzard of 1978 severely cracked its concrete containment shield building a "Snow Job," and its cover up of the visual evidence of the cracking with concrete in late 2011, and with a coat of paint on the shield building exterior in August 2012, a "White Wash."

The environmental coalition issued a press release in response to the ASLB rulings, vowing to fight on.

The Toledo Blade has reported on this story. At the bottom righthand side of the article, the Toledo Blade is conducting an online poll as to whether or not Davis-Besse should be re-licensed. Beyond Nuclear encourages readers to vote NO in the poll.

The article quoted Beyond Nuclear's Kevin Kamps:

"...Kevin Kamps, a radioactive-waste specialist for Maryland-based Beyond Nuclear, was unconvinced by the licensing board’s findings.

The cracks pose a 'major safety risk,' he said. 'If they can dismiss the cracking contention given the gravity of that risk, then it’s not a good sign for due process.'

Relicensing opponents believe the NRC and FirstEnergy don’t 'understand the root causes' of the cracking problem, and if the wrong cause is pinpointed then 'they can’t have adequate corrective action in place.'

'[It’s a] huge loss for the public. The risks don’t go away regardless,' he said...

...Mr. Kamps said the licensing board’s rulings are subject to challenge, and re-licensing opponents also may raise new contentions as the renewal process continues. Among unresolved issues is the effect of a June 8 federal appeals-court ruling in Washington declaring that regulators had not assessed potential environmental consequences of long-term radioactive waste storage at nuclear plant sites if no permanent disposal site is developed."

WKSU, the NPR radio affiliate at Kent State University, has also reported on this story. WKSU quoted Kevin:

"Beyond Nuclear is among the groups contesting the proposed license renewal. They contend that cracks discovered last year in Davis-Besse’s concrete shield are due to aging concrete – and a sign of more trouble to come...

...Kevin Kamps, a radioactive-waste specialist for Beyond Nuclear, says the board also rejected an analysis of what would happen in the event of a severe accident at the plant east of Toledo.

'I would say that, looking at a document like the Japanese Parliament report on the Fukushima nuclear catastrophe, where they found that collusion between government and industry was actually the root cause of the catastrophe, that that very much applies to Davis-Besse.'

Kamps says an environmental impact statement is due in February, at which time the group will have another opportunity to file objections. And the board has yet to address a court order regarding the potential environmental impact of on-site radioactive waste storage."

Interveners can still submit contentions based on NRC's Draft Supplemental Environmental Impact Statement (DSEIS), due out in February. Also, the NRC has acknowledged that interveners' application at Davis-Besse, of a recent court victory against its "Nuke Waste Con Game," will result in at least a two year delay in issuance of the final approval for the license extension. NRC has said it will take at least that long to carry out the court-ordered Environmental Impact Statement on its Nuclear Waste Confidence Decision and Rule.  

For more information on the Davis-Besse proceeding, click here.

Beyond Nuclear on Thom Hartmann's "The Big Picture"

Thom Hartmann, host of "The Big Picture"Ever since the Fukushima Daiichi nuclear catastrophe began on March 11, 2011, Thom Hartmann's "The Big Picture" television news program has featured Beyond Nuclear staff on a regular, ongoing basis to provide updates and analysis of the situation in Japan, and its implications for the U.S. On December 27th, Thom interviewed Beyond Nuclear's Kevin Kamps on the recent return to political power of the pro-nuclear Liberal Democratic Party, which (during its previous reign from 1955-2009) oversaw the establishment of the collusion between government, regulator, and industrywhich Japan's own parliament reported was the root cause of the triple reactor meltdown. Thom and Kevin also discussed the potential risk that vast amounts of flotsam and jetsam from the Japanese tsunami, now arriving on the west coast of North America, could be radioactive.

INVITATION to CELEBRATE: The Nuclear Age in Quebec is Over! Gentilly-2 is SHUT DOWN!

"Rest in Peace, Gentilly-2". Image compliments of CentricoisES et mauricienNEs pour le déclassement nucléaireThis tremendous good news just came in from Dr. Gordon Edwards, chair of the Canadian Coalition for Nuclear Responsibility, and co-chair of the Great Lakes United Nuclear-Free/Green Energy Task Force:

28 December: The Nuclear Age in Quebec is Over! 

Join us, in Montréal, at 1 o'clock in the afternoon

On this occasion, Sonomi and her two children-- refugees from Fukushima, Japan -- will be our special guests.

P.S. Québec will be truly out of the nuclear age only when we achieve a permanent moratorium on uranium mining, as has been done in two other provinces -- Nova Scotia and British Columbia!

(Nuclear utility Hydro-Quebec announced Gentilly-2's permanent shutdown, to occur tomorrow, last October. Gentilly-2 is a CANDU atomic reactor which has operated since 1982.)

Update on December 28, 2012 by admin

CBC has reported on this story. The article reports:

"...Environmental groups applauded the government's decision to shut down the plant...Michel Fugère, spokesman for the Mauricie's Green Movement, said the closure is a 'great gift' and represents 'a big day' for all Quebecers.

He pointed out that several polls suggested more than 60 per cent of the population in Quebec's Mauricie region supported the plant's closure..."

(Note that the article's report that dismantlement of the reactor would take place over the next 18 months is inaccurate. Only preliminary decommissioning activities will take place in the next year and a half; full dismantlement will take decades.)

Entergy Watch: NRC approves reduced inspections on troubled Vermont Yankee steam dryer

A Bathtub Curve (referring to the graph's shape) for Nuclear Accidents, by David Lochbaum at Union of Concerned ScientistsThe U.S. Nuclear Regulatory Commission (NRC), which is supposed to protect public health, safety, and the environment, instead often prioritizes nuclear utility profits. As reported by the Rutland Herald, NRC has now approved Entergy inspecting its troubled Vermont Yankee (VY) steam dryer not once every 1.5 years, but rather once ever 4.5 years. This, despite the fact that the steam dryer at VY has developed 65 cracks in the past 7 years alone, likely related to the 20% "power uprate" NRC has also rubberstamped there (this means that VY is being run at 120% hotter and harder than it was originally designed for, with consequently damaging vibrations). 

A decade ago at Exelon's Quad Cities nuclear power plant in Illinois, another NRC-approved power uprate's vibrations led to a steam dryer's failure, sending chunks of metal hurtling down steam lines -- some of which were never recovered, even though the reactor has been permitted to keep operating.

VY's steam dryer is not the only age-degraded system, structure, or component at the 41-year-old Fukushima Daiichi twin (a General Electric Mark I Boiling Water Reactor). Its condensor is also on its last legs, begging for replacement. Entergy seems in no hurry to pay the tens of millions of dollars for that repair, either -- and NRC is not requiring it of them.

The Bathtub Curve for Nuclear Accidents (above left) shows that age-degradation significantly increases "break down phase" reactor risks. NRC rubberstamped "power uprates" exacerbate those risks even worse.

PFS pulls the plug on parking lot dump targeted at Skull Valley Goshutes in Utah

Skull Valley Goshute Margene Bullcreek has led the fight against the radioactive waste dump targeted at her community. Photo by Gabriela Bulisova.As reported by the Salt Lake Tribune, the Private Fuel Storage (PFS) Limited Liability Corporation (LLC) has given up on itsplans to turn the tiny Skull Valley Goshutes Inidan Reservation in Utah into a parking lot dump (or "centralized interim storage facility") for commercial high-level radioactive waste. At one time, PFS was comprised of more than a dozen nuclear utilities, led by Xcel Energy of Minnesota, with Dairyland Power Co-Op as a front group.

In 2005-2006, the U.S. Nuclear Regulatory Commission (NRC) granted PFS a construction and operating license, despite objections by traditionals with the Skull Valley band, nearly 500 environmental and environmental justice organizations, as well as the State of Utah. The plan was for 40,000 metric tons of irradiated nuclear fuel to be "temporarily stored" (for 20 to 40 years) in 4,000 dry casks on the reservation. However, as the ultimate plan was to transfer the wastes to the Yucca Mountain dump, when that proposal was cancelled in 2009, this would have meant the wastes would have been stuck indefinitely at Skull Valley.

In 2006 a very unlikely coalition, involving the likes of Mormon political leaders and wilderness advocates, succeeded in creating the first federal wilderness area in Utah in a generation. This created a "moat" around the Skull Valley reservation, blocking the railway needed to directly deliver the waste. And, after lobbying efforts at the top echelons of Republican Party decision making circles by U.S. Senator Orrin Hatch (R-UT) as well as Utah Governor Huntsman, the George W. Bush administration's Department of the Interior refused to approve the lease agreement between PFS and the Skull Valley band, as well as the intermodal transfer facility on Bureau of Land Management property which could have allowed heavy haul trucks to ship the waste containers the final leg of the journey to the reservation.

The Skull Valley Goshutes were first targeted by the nuclear power establishment more than 20 years ago.Altogether, 60-some tribes have been actively targeted for high-level radioactive waste parking lot dumps. All the proposals have been stopped, as through the work of Native American grassroots environmental activists like Grace Thorpe, working in alliance with environmental and environmental justice organizations.

Update on January 7, 2013 by admin

On Jan. 7, the Salt Lake Tribune published a follow-on article about PFS's cancellation, entitled "Money, politics bury plans for Utah fuel-rod cemetery." The article quotes a leader of the broad coalition which opposed the "parking lot dump":

"...Chip Ward remembers an 'amazing' coalition swelled up around the goal of defeating the storage site.

Co-founder of the Healthy Environment Alliance of Utah, he grasped the wariness of Utahns who already had allowed a slew of toxic industries to be established in western Utah — including chemical weapons destruction, bio-weapons testing, a low-level nuclear waste site, a hazardous waste site, a toxic waste incinerator and what was then the nation’s biggest air polluter...

'When you have a really powerful political movement,' Ward said, 'you can look past whatever divides you and what is important is the cause that unites you.'"

NIRS, for one, spearheaded a coalition of nearly 450 organizations nation-wide, which objected to the environmental, or radioactive, racism of the PFS proposal.