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 a U.S.-Canadian 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.

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. The Quebec public will now avoid the wate, and risk, of billions in refurbishment costs, which Hydro-Quebec had hoped to foist upon them, in a bid to operate Gentilly-2 for 20 more years. However, decommissioning costs will now begin.)

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.)

U.S.-Canadian 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 on August 9, 2012 at Oak Harbor High School in Oak Harbor, OHThe 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.

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 proceedinghas 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 in the U.S.!).

A U.S.-Canadian environmental coalition, including Beyond Nuclear, 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 [Americans] 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."

Beyond Nuclear FOIA on Davis-Besse containment cracking cited in paint and coatings industry newsletter

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.Paintsquare, a paint and coatings industry newsletter, has reported on the revelations of dubious structural integrity at the Davis-Besse atomic reactor's concrete and steel reinforced shield building, due to a decision made in the late 1960s to not weather seal the containment structure's 100,000 square foot exterior. FirstEnergy Nuclear blames the Blizzard of 1978 for the cracking, a charge that a Canadian-American environmental coalition spanning both sides of Lake Erie has dubbed a "snow job." The article cites Beyond Nuclear's Freedom of Information Act (FOIA) request, which brought previously unpublished internal U.S. Nuclear Regulatory Commission safety staff emails to light, which question the very structural integrity of the shield building, due to the extensive cracking supposedly first discovered a year ago. 

An earlier Paintsquare article reports on FirstEnergy's 2,500 gallon "white wash" of the problem -- the application, 40 years too late, of three coats of Sherwin-Williams’ Loxon off-white paint within the past couple months. The article reported:

"Environmentalists who are now fighting a 20-year extension of the plant’s operating license say the new coating does not allay their concerns.

The groups, including Beyond Nuclear, Citizens Environment Alliance of Southwestern Ontario, and Don't Waste Michigan, have urged regulators to deny the renewal for Davis-Besse when its license expires in 2017.

'I'm not at all comforted that they discovered an error that never should have happened to the most expensive and safety-significant building on the site,' said Terry Lodge, a Toledo attorney representing the coalition.

Added Kevin Kamps of Beyond Nuclear, 'It's 40 years too late. Weather sealant will not fix the cracks that are there.'"