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.

Fukushima lessons learned? None! NRC ends consideration of expedited unloading of radioactive waste pools

The U.S. Nuclear Regulatory Commission snuck out a major decision on the Friday before Memorial Day Weekend. Its generic study of whether or not to require the expedited transfer of "spent nuclear fuel" (irradiated nuclear fuel rods, highly radioactive waste) out of vulnerable storage pools will be unceremoniusly ended, with no requirement to unload pools into dry cask storage. The study was undertaken as part of NRC's Fukushima "lessons learned" process, created by former NRC Chairman Greg Jaczko in the immediate aftermath of the Japanese nuclear catastrophe.

The decision came in the form of a memo, sent from the NRC Secretary to the NRC EDO (Executive Director for Operations). The memo simply states: "The Commission has approved the staff's recommendation that this Tier 3 Japan lessons-learned activity be closed and that no further generic assessments be pursued related to possible regulatory actions to require the expedited transfer of spent fuel to dry cask storage."

Four of the five NRC Commissioners (Svinicki, Apostalakis, Magwood, and Ostendorff) voted to support NRC Staff's recommendation, made late last year, that irradiated nuclear fuel currently stored in densely-packed pools, need not be transferred to dry casks on an expedited basis.

The sole dissenting vote on the NRC Commission came from its Chairwoman, Allison Macfarlane. Chairwoman Macfarlane criticized the NRC staff's analysis, including that the only risk initiator considered was an earthquake. She called for a “more thorough analysis,” including consideration “of all natural and human-induced events (e.g., accidental, malevolent).”

Chairwoman Macfarlane provided a more than 10-page analysis explaining her dissent. Three of the other Commissioners who blessed the staff's recommendation for inaction provided a page, or less, of explanation for their own votes. More.

"Senators Markey, Boxer and Sanders Introduce Legislation to Increase Safety at Nuclear Plants"

U.S. Sen. Barbara Boxer (D-CA), Chairwoman of the Environment and Public Works CommitteeU.S. Senator Barbara Boxer (D-CA, photo at left), Chairman of the Senate Committee on Environment and Public Works (EPW), Senator Bernie Sanders (I-VT) and Senator Edward J. Markey (D-MA) introduced three bills today aimed at improving the safety and security of decommissioning reactors and the storage of spent nuclear fuel at nuclear plants across the nation. 

The three bills address safety of spent fuel storage and decommissioning plans. They are entitled: Safe and Secure Decommissioning Act of 2014; Nuclear Plant Decommissioning Act of 2014 (see the bill, Sen. Sanders' press release, and a one-page summary); Dry Cask Storage Act of 2014. To learn more, see the press release at Sen. Markey's website.

The EPW Committee will hold and webcast a hearing entitled “Nuclear Reactor Decommissioning: Stakeholder Views” on Wed., May 14th, at 10 AM Eastern. Witnesses include CA and VT officials, and spokespeople from NRDC and NEI.

Please urge your two U.S. Senators to support these three bills. You can contact your Senators via the U.S. Capitol Switchboard at (202) 224-3121.

"Senators to NRC: Do Not Exempt Decommissioning Nuclear Reactors from Emergency Response and Security Measures"

U.S. Senator Barbara Boxer, Chairwoman, Environment and Public Works CommitteeFive Democratic U.S. Senators have written U.S. Nuclear Regulatory Commission (NRC) Chairwoman Allison Macfarlane, uring that NRC's rubberstamp of exemptions from emergency preparedness and security requirements at permanently shutdown nuclear power plants be stopped.

The five Senators are: Barbara Boxer (D-CA); Kirsten Gillibrand (D-NY); Edward J. Markey (D-MA); Patrick Leahy (D-VT); Bernard Sanders (D-VT). Boxer (photo, above left) is Chairwoman of the U.S. Senate Environment and Public Works (EPW) Committee, with oversight on NRC and nuclear power issues; Gillibrand, Markey, and Sanders also serve on the EPW Committee.

Their letter points out that nuclear utilities have always received requested exemptions, within just a year or two of reactor shutdowns, from NRC, at permanently shutdown nuclear power plants. This, despite the fact that the nuclear plants still have large amounts of irradiated nuclear fuel stored in pools, vulnerable to catastrophic releases of hazardous radioactivity, such as due to natural disasters, terrorist attacks, heavy load drops, etc.

The Senators list NRC's "perfect record" of such regulatory relaxation at: Humboldt Bay, CA; LaCrosse, WI; Fort St. Vrain, CO; Rancho Seco, CA; Yankee Rowe, MA; Trojan, OR; Haddam Neck, CT; Maine Yankee; Big Rock Point, MI; and Zion, IL.

Most ironically, NRC consistently stands by its indefensible claim that high-level radioactive waste storage is safe, sound, and secure, and will remain so for at least 60 years post-reactor shutdown, by citing the existence of emergency preparedness and security regulations. Yet, it is these very regulations that NRC consistently exempts shutdown nuclear plants from having to meet!

The Senators have urged NRC chief Macfarlane to not grant such requested exemptions at the five atomic reactors permanently shutdown in 2013 (Crystal River, FL; Kewaunee, WI; San Onofre 2 & 3, CA) or about to be shutdown by the end of 2014 (Vermont Yankee).

On April 10, Beyond Nuclear's Reactor Oversight Project Director, Paul Gunter, urged NRC to enforce emergency preparedness and security regulations at decommissioning nuclear power plant sites, due to the potentially catastrophic risks associated with the irradiated nuclear fuel still stored there.

Update on May 9, 2014 by admin

The AP has reported on this story.