State of Vermont makes its case against Entergy Nuclear Vermont Yankee at 2nd Circuit Court of Appeals

The fate of the State of Vermont's long struggle to shutdown Entergy Nuclear's Vermont Yankee atomic reactor (a General Electric Mark I Boiling Water Reactor, identical in design to Fukushima Daiichi Units 1 to 4) now rests in the hands of a three-judge panel at the 2nd Circuit Federal Court of Appeals in Manhattan. Yesterday, oral arguments were heard regarding Entergy v. Shumlin et al.Vermont is seeking to overturn a Brattleboro lower court judge's ruling a year ago that state laws had improperly strayed into radiological safety matters, the sole jurisdiction of the federal Nuclear Regulatory Commission, as settled by the 1983 PG&E (Pacific Gas and Electric) U.S. Supreme Court ruling. In addition to a large turn out of journalists from Vermont and beyond, a number of long-time Vermont Yankee opponents sent representatives to witness the proceeding, including Beyond Nuclear, Conservation Law Foundation, Citizen Awareness Network (CAN), Physicians for Social Responsibility, and Vermont Yankee Decommissioning Alliance (VYDA). By most accounts, the State of Vermont --represented by Attorney General William Sorrell, and David Frederick of the Washington, D.C. law firm Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C. (see photo) -- more than held its own.

Richard Watts (who took the photo above), author of Public Meltdown: The Story of the Vermont Yankee Nuclear Power Plant, covered the oral arguments on his blog. The Vermont Digger reported on this story, including a link to the audio of the full 37 minute long oral arguments. Vermont Public Radio filed two stories: "At Stake in Yankee Appeal: State's Rights and a Big Legal Bill," and "Appeals Judges Focus on 'Legislative Intent' in Yankee Case." The Associated Press, Burlington Free Press, Brattleboro Reformer, and Bloomberg have also reported on this story.

Update on January 16, 2013 by admin

And, as reported by the Associated Press, Entergy was back in court on Wednesday, this time before the Vermont Supreme Court. The New England Coalition on Nuclear Pollution requests that the Vermont Supreme Court order Entergy Vermont Yankee to shutdown, for lack of a Certificate of Public Good (CPG). Its old CPG expired, along with its original 40 year operating license, on March 21, 2012. The State of Vermont Public Service Board has yet to approve a new CPG for VY's continued operation.

UBS Investment Bank equity analyst: 'Unlikely' Entergy will continue Vermont Yankee

While the Three Mile Island and Chernobyl disasters were "break-in phase" accidents at relatively new reactors, the Feb. 2000 steam generator tube rupture at Indian Point, NY, and the 2002 Hole-in-the-Head lid corrosion near-miss at Davis-Besse, Ohio were examples of "break-down phase" accidents.The Brattleboro Reformer has reported that UBS Investment Bank equity analyst Julien Dumoulin-Smith has issued a white paper concluding that it may not be in Entergy's best financial interests to continue to operate its Vermont Yankee (VY) nuclear power plant. The article reports that Entergy stock has been given a "neutral rating" by UBS; that a number of Entergy's smaller, "merchant" atomic reactors, especially VY and FitzPatrick in Upstate NY, are not likely to generate much profit in the next two years, and by 2015-2016 run projected deficits. At VY, this is due to the expiration of purchase price agreements, as well as new taxes levied by the State of Vermont (recently upheld by a federal court against a legal challenge by Entergy), which since Feb. 2010 has officially called for VY's permanent shutdown.

"How profitable is the nuclear segment? It's not very. Entergy's nuclear portfolio doesn't generate a lot of cash," said Dumoulin-Smith.

"Notably, we believe both its NY Fitzpatrick and Vermont Yankee plants are at risk of retirement given their small size," stated the report.

Other relatively small sized, single unit, "merchant" reactors owned/operated by Entergy include the problem-plagued Palisades in Michigan, and Pilgrim in Massachusetts.

Dominion Nuclear's recently announced plan to close its small, old, single unit Kewaunee atomic reactor in Wisconsin, due to "economic reasons," has led to widespread speculation about the next domino to fall. A Dominion spokesman let slip that the utility was no longer able to afford needed major safety repairs at the four decade old reactor, deep into its "break-down phase" (see "Bathtub Curve of Nuclear Accidents," referring to the graph's shape, above left, compliments of David Lochbaum, Nuclear Safety Project Director, Union of Concerned Scientists).

Kewaunee's announced closure, and the rumors at VY and FitzPatrick, comes despite the fact that the U.S. Nuclear Regulatory Commission (NRC) has rubberstamped 20-year license extensions at the four decade old reactors.

Update on January 10, 2013 by admin

Vermont Public Radio has reported on this story. VPR quotes Fairewinds Associates nuclear engineer Arnie Gundersen, who points out that UBS's financial analysis did not even look at the nearly quarter billion dollars in repairs and safety upgrades needed at Vermont Yankee in coming years. VY needs a new condensor, with a price tag of $100 million. And post-Fukushima safety upgrades ordered by the U.S. Nuclear Regulatory Commission could easily cost tens of millions of dollars to implement. VY is a GE BWR Mark I, identical in design to Fukushima Daiichi Units 1 to 4.

Vermont Digger has also reported on this story, including providing a link to the UBS report itself.

So has the Rutland Herald, as well as SNL, which focused on the vulnerability of relatively small-sized merchant atomic reactors to "early retirement" due to adverse economics, as well as on the economic complexities of decommissioning permanently closed reactors.

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.

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 of 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.