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."

Cooper: Duke abandonment of Levy reactors fits into 2013 pattern of "rapid-fire downsizing" of nuclear power in U.S.

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.

Another one bites the dust: Duke to cancel proposed new atomic reactors at Levy County, FL

As reported by the Tampa Bay Times, Florida State Representative Mike Fasano (R-New Port Richey) has stated: "It's my understanding from a very good source that Duke Energy will announce after the close of the markets today that they will not be building the nuclear power plants in Levy County."

The article reports: 'Duke spokesman Sterling Ivey told the Tampa Bay Times the utility is issuing a press release about an announcement at 4:15 this afternoon.'

The proposed new nuclear power plant was supposed to have cost $4-6 billion, and to have been completed by 2016, when first proposed by Progress Energy in 2006. Recently, the price tag had risen to nearly $25 billion, and the estimated completion date had been delayed to 2024.

Florida's controversial "Construction Work in Progress" (CWIP) law, also known as the "advance fee law," has allowed Progress, and then Duke (which took over Progress) to charge ratepayers on their electricity bills for the construction of Levy County nuclear power plant. After intially supporting nuclear CWIP, Fasano has become an outspoken national opponent of the scheme. Even the Florida Tea Party has joined the chorus, including AARP and municipalities, in opposing risky CWIP subsidies to the nuclear industry at the expense of ratepayers.

In addition to Levy County, Progress/Duke has been able to charge ratepayers for senseless repairs and supposed upgrades at its doomed old atomic reactor, Crystal River. The nuclear utility managed to fatally crack Crystal River's containment in 2009, during a botched steam generator replacement, and earlier this year announced its permanent shutdown.

The Tampa Bay Times reports that Florida ratepayers could be on the hook for $3 billion in wasted expenditures at Levy County and Crystal River, collected via CWIP.

The article concludes:

'"Shame on Duke Energy, Progress Energy for taking the public on this ride knowing that they were never going to build the nuclear plants,'' Fasano said. "Shame on them."

Fasano called for the state Public Service Commission and the Legislature to conduct a full investigation into Duke's failed nuclear projects.'

Update on August 1, 2013 by admin

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.

EDF seeks to end its U.S. nuclear misadventure

NRC file photo of Calvert Cliffs nuclear power plant on the shoreline of the Chesapeake Bay in Lusby, MDAs reported by the Baltimore Sun, Exelon/Constellation Nuclear will pay Electricite de France (EDF) a $400 million "special dividend" payment, in exchange for severing partnerships at three U.S. nuclear power plants, totaling five reactors, including Calvert Cliffs Units 1 & 2 on the Chesapeake Bay in Lusby, Maryland (photo, left), and the Ginna and Nine Mile Point Unit 1 & 2 nuclear power plants on the Lake Ontario shore of Upstate, New York. EDF then has the option to sell its 49.99% stake in the nuclear power plants to Exelon between 2016-2022.

When Constellation abandoned the project, not wanting to risk its own skin in the game in exchange for a $7.5 billion federal nuclear loan guarantee offered by the Obama administration, EDF was left holding the bag as majority owner of the proposed new reactor, Calvert Cliffs Unit 3. But foreign ownership is illegal under the Atomic Energy Act, and no other American partner stepped up. The proposed new reactor was to have been a French Areva EPR (1,600 Megawatt-electric Evolutionary Power Reactor). Numerous additional proposed new EPRs have been indefinitely postponed or outright canceled across the U.S. and Canada.

As reported in the article, 'EDF Chief Financial Officer Thomas Piquemal said Tuesday that the deal represents what he hopes is "the last chapter of our U.S. adventure with Constellation," Bloomberg reported.

The Baltimore Business Journal also reported on this story.

As reported by Power Engineering International, EDF's CEO, Henri Proglio, speaking at a news conference in Paris, stated: "The circumstances for the development of nuclear in the US are not favorable at the moment. We are a major player in nuclear, but we are not obsessed by nuclear. Our development in the US will focus on renewable energy – that will be our vector of growth in the US.” (emphasis added)

Warren Buffett finally sees the light: MidAmerican Energy cancels proposed new "small modular reactor" targeted at Iowa

As reported by the Des Moines Register, Warren Buffett's MidAmerican Energy has finally pulled the plug on a proposed new "small modular reactor" it was hoping that the ratepayers of Iowa would pay for, through "Construction Work in Progress" (CWIP) surcharges on their electricity bills. A powerful coalition, including AARP, Green State Solutions, Sierra Club, Friends of the Earth, and others can claim credit for this environmental victory against nuclear industry greed, after a protracted three year long battle at the Iowa state legislature.