Category Archives: BWRs

Federal judge: State can’t shut down Vermont Yankee over spent fuel

The plant dodges another bullet at least for now

Federal District Court Judge J. Garvan Murtha ordered on Monday, March 19, that the Vermont Public Service Board (PSB) cannot use the issue of spent nuclear fuel as a mechanism to deny a certificate of public good to the 40-year-old Vermont Yankee nuclear power plant.

Murtha wrote that the PSB cannot prevent the plant, owned and operated by Entergy (NYSE:ETR), from continuing to operate because of the necessity of continuing to store its current inventory and new spent fuel.

Last January, Murtha ruled that the State of Vermont’s legal efforts to shut down the plant were improperly driven by issues involving nuclear safety. He said that state law in this area is preempted by federal law and that regulation of nuclear reactor safety is the province of the federal government.

The U.S. Nuclear Regulatory Commission renewed the license in 2011 for the Vermont Yankee plant to operate for another 20 years. (See also Tamar Cerafici’s February 10 legal review of Judge Murtha’s decision here on ANS Nuclear Cafe.)

On February 27, Entergy filed an appeal of the ruling claiming that the PSB should not be able to stop Vermont Yankee from operating over the spent fuel issue. The judge concurred with the appeal saying that any effort to do so by the PSB would fall under the umbrella of nuclear safety regulation and was outside the jurisdiction of the state agency.

The Vermont Yankee plant on the banks of the Connecticut River in southern Vermont (file photo)

Murtha wrote that any act by the PSB to deny Entergy the authority to store new spent fuel on-site would force the reactor to shut down, thus slamming the door shut on revenue for Entergy and with it the loss of the workforce without the possibility of recovery.

The key part of the judge’s ruling this week is that Entergy can continue to operate past March 21 while its petition for a certificate of public good is pending before the PSB. He pushed back on Entergy’s request to set aside the requirement to have one at all.

The PSB told the Vermont news media that it would allow continued operation of Vermont Yankee for the time being, not because it agreed with the reactor operator’s issues, but because the federal court gave it no choice. It is not clear when the PSB will complete its work. One possible outcome is that it will wait until the 2nd U.S. Court of Appeals rules on the State of Vermont’s legal action in response to Judge Murtha’s ruling last January.

Legal experts say that the twin legal processes, an appeal by the State of Vermont to Judge Murtha’s January ruling, and the PSB’s deliberations are likely to take some time to work themselves out. In the meantime, the reactor will continue to operate, which shows that Entergy’s big bet to complete a fuel outage in 2011 is likely to pay off.

Separately, anti-nuclear activists say that they are planning protest demonstrations in Vermont, which may involve civil disobedience at the reactor plant’s front gate. A pro-nuclear demonstration last week brought out about 70 people.

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TVA uses supercomputers to look inside reactors

A partnership with Oak Ridge National Laboratory will yield results for years to come

By Dan Yurman

Living next door to the most powerful computers in the world offers the Tennessee Valley Authority (TVA) a unique opportunity to get answers to important questions about its operating nuclear reactors. The utility has multiple reactors at three sites–Browns Ferry (three boiling water reactors), Sequoyah (two pressurized water reactors), and Watts Bar (one PWR). And TVA is having its own mini nuclear renaissance: It completed a reactor at Browns Ferry in 2007, it will complete a reactor at Watts Bar next year, and by the end of this decade, it is likely to be nearing completion of a reactor at Bellefonte.

So where does TVA go when it wants to look deep inside its reactors to help optimize their performance? After all, with billions of dollars invested in these facilities, the utility’s managers want to insure that they get every ounce of performance out of them while securing safe operation in all respects.

The answer is that TVA turns to the Department of Energy-funded Consortium for Advanced Simulation of Light Water Reactors (CASL) operating at Oak Ridge National Laboratory (ORNL).

Rose Montgomery, a project manager and a TVA employee on loan to CASL, says that the primary value in the near term is validation of fuel cycle design and reactor operations computer codes.

This work is consistent, she notes, with the DOE’s objective for CASL, which is to boost reactor reliability and uptime.

“We provide computer simulations that will help TVA achieve reactor power uprates, life extensions, and higher fuel burn-up,” she said.

The CASL project is a mix of scientific research and applied research and development, but that brief summary doesn’t do justice to the objectives the organization has set for itself.

“We are looking for giant strides in computer simulation of phenomena inside a reactor in the areas of thermal hydraulics, fuel rod mechanics, and numerous safety boundary conditions,” she said.

Reactor core simulation Image source: CASL

CASL’s vision is to achieve results. Three broad areas of expected outcomes are defined in its vision statements:

  • Reduced capital and operating costs per unit of energy by enabling power uprates and lifetime extension for existing nuclear power plants and the lifetimes of new Generation III+ nuclear power plants.
  • Reduce nuclear waste volume generated by enabling high fuel burn-up.
  • Assure nuclear safety by enabling high fidelity predictive capability for component performance through failure.

TVA’s work with CASL is based on the assumption that there is industry wide applicability to the modeling and simulation work. CASL is moving beyond a focus on simulating normal steady state reactor conditions.

Its scientists and engineers want to provide insights and enhancements to fuel system design, reactor life extension, accident simulations, and used fuel storage. These are all key issues for a multi-reactor operator such as TVA.

CASL gets data about what’s going on inside TVA’s reactors by collecting operational information and using it in advanced modeling and simulation software that runs on some of the world’s most powerful supercomputers located at ORNL.

Montgomery lists work that has applicability to the U.S. nuclear industry including optimizing fuel efficiency and improving the understanding of fuel performance issues. The six technical focus areas of CASL are:

  • Advanced modeling application
  • Virtual reactor integration
  • Radiation transport methods
  • Thermo hydraulic methods
  • Materials performance and optimization
  • Validation and uncertainty quantification

TVA believes that the CASL program has wide industry applicability in terms of modeling and simulation. CASL is currently focused on the reactor system and nuclear fuel in PWRs. If given more time, however, CASL proposes to move on to simulations of BWRs, small modular reactors, and balance-of-plant systems.

CASL does not expect to license the codes they provide; this will be left up to the utilities and fuel vendors to complete. However, CASL is working to ensure that the codes will be available to industry and will be in a position to be licensed in the future. The project is currently interfacing with the Nuclear Regulatory Commission’s Office of Nuclear Regulatory Research, with regular updates on the development progress.

In the short term, TVA expects to see benefits in some aspects of management of core cycle designs and a reduction in some costs related to operating issues such as CRUD deposition. (CRUD refers to tiny, solid, corrosion products that travel into the reactor core, become highly radioactive, and then flow out of the reactor into other systems in the plant.) In the longer term, CASL’s work is expected to result in findings that will be applied to TVA reactors so that they can produce more power.

For more information on CASL, contact them at http://www.casl.gov

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Yurman

Dan Yurman publishes Idaho Samizdat, a blog about nuclear energy, and is a frequent contributor to ANS Nuclear Cafe.

Ballot initiative to close California’s nuclear plants

By Jim Hopf

There’s not much new happening in DC right at the moment, so this month I’ll discuss something that’s going on in the state of California. That is, a proposed ballot initiative to shut the two remaining nuclear power plants—the two-unit Diablo Canyon and the two-unit San Onofre—in the state.

The Initiative

The initiative proposal has been filed by Ben Davis, a delivery driver, self-taught legal professional, and long-time anti-nuclear activist who lives in Santa Cruz, Calif. He tried (unsuccessfully) to pass a similar initiative in 1988. More than 500,000 signatures are required by April 16 in order for the initiative to qualify for the November 2012 ballot.

The language of the initiative is similar to that of previous initiatives. It would require the state’s nuclear power plants to close until “there exists a demonstrated technology or means for the disposal of high-level nuclear waste.” The plants in question generate 16 percent of California’s electricity.

Response from Legislative Analyst

Like all of California’s legislation and ballot initiatives, this proposal was evaluated by the state’s legislative analyst, an objective, non-partisan office that is tasked with evaluating the impacts (economic impacts in particular) of all proposed policy initiatives. The analyst’s conclusions regarding this initiative were very strong, and almost entirely negative.

Diablo Canyon

The legislative analyst requested an evaluation of the impact of the plants’ closure on grid stability and reliability from the states independent system (grid) operator (ISO). The ISO stated that the plants’ closure “would reduce the capacity to deliver electricity in the Los Angeles Basin area to below state and local standards for reliability”, and that it would significantly increase the risk of rolling blackouts in the area.

The analyst went on to say that the plants’ closure could result in economic damages/costs of tens of billions of dollars to the state. These economic impacts would be due to:

  • Increased cost of power in the short term due to scarcity.
  • Economic costs due to blackouts and reduced reliability in the short term.
  • Loss of jobs and industries due to the above power cost and lack of reliability.
  • Higher power costs (and associated job losses) over the long term due to higher costs of replacement power sources.
  • Cost to the taxpayer from compensation that will have to be paid to the utilities.

Other Reactions

Probably due, in part, to the very negative conclusions of the non-partisan legislative analyst, the initiative has garnered little political support (from state newspapers, etc.). No major paper has taken a position in favor of the initiative, and many papers have come down strongly against it. Even the article about the initiative in the (formally anti-nuclear) LA Times took a negative tone, focusing primarily on the negative conclusions of the legislative analyst.

Most independent observers believe that the initiative has little chance of passing.

My Perspective

It’s clear that Mr. Davis is filing this initiative (again) in response to the event at the Fukushima plant in Japan last March. He believes that this will increase his chances of passing an initiative that he has failed to pass before.

Initiative’s Purpose?

I find it ironic, and telling, that the initiative itself does not talk about nuclear plant safety features at all, but instead only refers to the waste issue, even though it is trying to take advantage of Fukushima fears. It does not require the plants to install any safety upgrades (e.g., earthquake and/or tsunami defenses) as a condition for being allowed to operate. It only requires that the waste problem be resolved.

Perhaps this is because Mr. Davis knows that the waste requirement will not be met for decades, whereas the plants would be able to install any required safety improvements and restart. Thus, the waste requirements are better if your real goal is to permanently shut the plants. Perhaps the waste issue is the real reason Mr. Davis is opposed to nuclear power, and the initiative language reflects that. In any event, it seems clear that the initiative is trying to use the Fukushima event in pursuit of another agenda.

California Plants’ Safety

As for the actual safety of the California plants, it should be noted that the earthquake and tsunami risks at the California plant sites are nothing like those that existed for the Fukushima plant. The Diablo Canyon plant sits on a high bluff, 85 feet above the water. The San Onofre plant sits 50 feet above the water, with a 30-foot tsunami wall for additional protection. Thus, neither plant would have been inundated by a tsunami as high as the one that struck Fukushima. As for earthquakes, the California plants are actually designed to withstand ground acceleration levels roughly twice those that were experienced by the Fukushima plant.

In addition to the greater levels of protection (discussed above), the maximum earthquake and tsunami that could occur at the California plant sites is far smaller than that which occurred in northern Japan. The (thrust) type of fault that can produce earthquakes and tsunamis of that size does not exist near Southern California. Furthermore, California has relatively few off-shore fault lines that could produce tsunamis.

San Onofre

Finally, some of the issues and weaknesses that apply for the old boiling water reactor plants at Fukushima are less severe or not applicable to the more modern pressurized water reactor plants in California. On top of that, the U.S. plants had already made several safety and security upgrades in response to September 11, and will make further upgrades as a result of the lessons learned from Fukushima. All this adds up to a severe release risk that is much smaller than that which was present at Fukushima.

Economic Impacts of Plants’ Closure

I concur with the legislative analyst’s conclusions regarding the impact of closing California’s two nuclear plants, but I believe that they do not go far enough. I believe that there would be additional negative impacts that the analyst failed to mention, or clarify.

The analyst was right about the short term (scarcity) costs and blackout risks, but it failed to clarify the magnitude of the impact on long-term power costs. Continuing to operate an existing nuclear plant is extremely inexpensive, with going-forward operational costs of ~2 cents/kW-hr or less. Building and operating new natural gas and/or renewable generation (to replace the nuclear plants’ output) would be much more expensive. These costs will be passed down to consumers in the form of higher power costs, and tax bills related to compensation the state will have to pay the utilities (for forcing them to close perfectly good nuclear plants with decades of life left).

Whereas continued operation of the nuclear plants costs ~2 cents//kW-hr, construction and operation of renewable sources will cost ~10 cents/kW-hr or more, even before costs related to grid upgrades and fossil backup capacity are considered. New natural gas generation may cost somewhat less (6-7 cents/kW-hr) in theory, it may not be that simple in practice.

A RAND Corporation study was performed to evaluate the impact of California’s Renewable Portfolio Standard policies. The study concluded that the renewables could reduce overall energy costs even though their per kW-hr generation costs were higher than that of natural gas plants. The reasoning was that the cost of gas is very sensitive to the balance between supply and demand. Thus, any reduction in gas demand (for power generation) would result in a reduced cost for gas, which in turn would reduce the cost of the (remaining) gas-fired power generation, as well as the cost of all other applications that use gas (e.g., space heating, industrial use, etc.). Another argument they gave was that the gas pipelines into California were near their limit, and therefore any measure that would reduce or avoid any further increase in gas use could prevent a large cost associated with upgrading the pipeline infrastructure.

Well, what’s good for the goose (renewables) is good—or perhaps even better—for the gander (nuclear). If the two nuclear plants are shut down, most of the generation will be replaced by gas-fired generation. This will result in a significant increase in demand for natural gas in California, which will in turn measurably increase the price of gas. If the new level of gas demand is beyond the capacity of the existing gas pipeline infrastructure, the economic impacts will be even greater. This will have a significant effect on the overall economy.

Employment Impacts

The legislative analyst talked about job losses as a result of higher power costs and reduced reliability, and their impacts on electricity-using industries. They did not, however, sufficiently discuss employment impacts in the power generation sector itself.

The plants’ closure will have a significant, negative jobs impact, particularly in the local area around the plants. Any new gas or renewable generation used to replace the plants’ capacity will not create as many jobs as those lost at the plant; not in California, anyway.

Gas-fired power plants employ far fewer people, for a given level of capacity. Most of the cost of gas generation is in the fuel, and therefore many if not most of the jobs associated with gas generation are those associated with fuel extraction and transport. These jobs, however, occur elsewhere in the country, or in other nations.

A similar (jobs) situation exists for renewables. Most of the cost, and jobs, associated with renewable generation is in the fabrication of the wind turbines and solar panels, etc. Relatively few are employed at the generation site. Suffice it to say that such jobs are offshore-able (unlike the jobs at the nuclear plant). These components can be manufactured anywhere; in other states or even other countries. In fact, it is well known that most renewable component construction has been moving to China.

With nuclear power, on the other hand, most of the jobs are associated with on-site plant construction and plant operation, both of which occur in the local area. Nuclear plant jobs are not offshore-able. Local (or state) employment, per unit of generation, are much higher for nuclear than they would be for either gas or renewables.

Environmental Impacts

In addition to higher power costs, the retirement of California’s nuclear plants will have a significant negative impact on the environment and public health. In the short-term, the nuclear plants’ capacity will be replaced by firing up old, relatively dirty fossil (gas, and perhaps oil) fired power plants. These plants will emit significant amounts of CO2 and other harmful pollutants. Over the longer term, new and more efficient combined cycle gas plants may be constructed, but even those plants will emit significant amounts of CO2 and measurable amounts of air pollution. This will significantly impact California’s ability to meet its CO2 emissions reduction goals.

It is unlikely that the nuclear plants’ closure will result in a significant amount of additional renewable generation. This is because the amount of renewable generation that will be built in California is almost entirely governed by the state’s aggressive Renewable Portfolio Standard requirements. Many, including myself, believe that the (33 percent) renewable generation goal is already unrealistic and impractical. Given this, it seems pretty clear that utilities will struggle to meet those requirements, and will not be building any renewable capacity beyond what is required by the policy. The closure of the nuclear plants will do nothing to change this. Getting one third of overall generation using intermittent sources is probably already beyond what can be done (practically, let alone economically). Even with the increased gas costs that occur as a result of the nuclear plants’ closure, it will not be economic to build renewable generation beyond the state’s requirements. Thus, it seems clear that most if not all of the generation used to replace the nuclear plants will be gas-fired.

Summary

The proposed initiative to close California’s nuclear power plants (until the nuclear waste problem is “solved”) is an attempt by a long-time anti-nuclear activist to take advantage of the Fukushima event to further a pre-existing agenda. It does not acknowledge the fact that overall risks, particularly risks associated with earthquake and tsunami, are much smaller for the California plants. The initiative does not even require, or refer to, plant safety upgrades to further reduce these vulnerabilities.

Closure of California’s nuclear plants would have very large negative economic impacts on the state, as well as significant negative impacts on public health and the environment (due to the firing up or construction of fossil fuel power plants for replacement power). Power costs will rise significantly, and taxpayers will be on the hook for billions of dollars of utility compensation. Over the short term, grid reliability will suffer, and the risk of rolling blackouts will increase significantly. The plants’ closure will also result in the loss of thousands of non-offshore-able jobs in the local area. These job losses will not be offset by jobs associated with (gas or renewable) replacement generation. The plants’ closure will also make it much harder for California to meet its CO2 emissions reduction goals.

This initiative does not deserve serious consideration, let alone passage.  Fortunately, most experts believe its chances of passage are slim.

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Hopf

Jim Hopf is a senior nuclear engineer with more than 20 years of experience in shielding and criticality analysis and design for spent fuel dry storage and transportation systems. He has been involved in nuclear advocacy for 10+ years, and is a member of the ANS Public Information Committee. He is a regular contributor to the ANS Nuclear Cafe.

TVA’s countdown to MOX fuel

The utility is assessing options to use it 

By Dan Yurman

The Tennessee Valley Authority (TVA) could be one of the first nuclear utilities to accept mixed oxide fuel (MOX) from the Department of Energy (DOE) for use in its commercial nuclear reactors. The government is building a $4.8 billion factory in South Carolina that is scheduled to start producing MOX fuel assemblies by 2016 by blending weapons grade plutonium with uranium. The resulting fuel can be swapped out for regular uranium fuel.

The government’s nonproliferation objective is to get 34 tonnes of surplus weapons-grade plutonium out of circulation forever. TVA’s objective is to get nuclear fuel that will work safely in its reactors and at a competitive price.

TVA is a public power provider for a seven-state region serving nine million people. In 2010, 36 percent of its power generation came from nuclear energy. One element of its charter, which dates back to the New Deal programs between 1933 and 1936 of President Franklin Roosevelt, is to support national security missions. TVA built power plants to provide electricity for the Manhattan Project at Oak Ridge.

Today, it participates in the DOE’s nonproliferation efforts through the use of fuel made from blended down highly-enriched surplus uranium.

Evaluating the potential for MOX

Mick Mastilovic, TVA's manager of Nuclear Fuel Supply

Mick Mastilovic, TVA’s manager of Nuclear Fuel Supply, told ANS Nuclear Cafe in a telephone interview that the utility’s evaluation of the potential for using MOX fuel will primarily address safety as well as economics of using MOX relative to all uranium fuel. TVA has not yet made a decision to pursue MOX fuel licensing and implementation.

If TVA decides to use MOX, it could eventually replace up to 40 percent of the fuel assemblies in the cores of its Sequoyah and Browns Ferry reactors. The two Sequoyah reactors are pressurized water reactors with 193 fuel assemblies each. The three Browns Ferry reactors are boiling water reactors with 764 fuel assemblies each.

The DOE’s MOX plant is expected to produce the equivalent of 1,700 PWR assemblies to dispose of 34 tonnes of surplus plutonium. At a projected output rate of up to 70 metric tons heavy metal per year, the MOX facility may produce more fuel than TVA’s five reactors could consume.

The National Nuclear Security Administration and its contractor, Shaw Areva MOX Services, are working toward agreements to market additional MOX fuel through the fuel fabrication vendors operating in the United States: Areva, Westinghouse, and Global Nuclear Fuel Americas (GE-Hitachi).

TVA won’t start out at the 40-percent core replacement level. The initial replacement level for the reactors will be about 8 assemblies of MOX fuel. Ramp up time to the 40-percent level depends on the DOE’s production schedule, how well the MOX works, and cost factors, among others.

“There is nothing quick about the process, as we have many gates to go through before possible implementation,” Mastilovic said, adding, “For instance, in the best case, we don’t expect to be able to load MOX assemblies before 2018.”

Explaining MOX to the public

One of the challenges that TVA faces is that the public perceptions of using plutonium as fuel needs some explaining. TVA starts by describing that MOX is a mix of uranium and plutonium. MOX has about 4-percent plutonium oxide (of which 94 percent is Pu-239) and the rest is depleted uranium oxide.

Commercial nuclear fuel starts as uranium oxide. What many people do not know, Mastilovic said, is that plutonium is a normal byproduct in nuclear reactors that fission uranium.

Plutonium builds up in the fuel inside the reactors and eventually provides up to 40 percent of the core’s heat energy. Fission of plutonium produces this energy in the reactor at the end of the life of the fuel.

“We’re not introducing a new element to a core, plutonium is already there,” he said.

And he also noted that “we’re not changing the thermal output of the reactor.”

Mastilovic said that while Pu-239 is more energetic than U-235, “The license governs the use of MOX. Heat inside a core can be managed by blending different fuels just like mixing different types of wood in a fireplace.”

Oak Ridge National Laboratory data presented by TVA to the Nuclear Waste Technology Review Board show little difference in decay heat loads between used MOX fuel and normal non-MOX fuel.

“Thus the difference in heat load between used MOX and used uranium oxide fuel can be accommodated in spent fuel pool cooling or space requirements and in dry cask thermal design,” Mastilovic said.

Next steps

Overall, with TVA support as a cooperating agency, the DOE is on track to complete a supplemental environmental impact statement for MOX fuel use that will assess safety for workers, the public, and the environment. TVA’s public affairs office told ANS Nuclear Cafe that the MOX program will proceed in phases with multiple opportunities for public input.

The Nuclear Regulatory Commission licenses for all the reactors that are candidates to use MOX will have to be updated to address physical operating differences and any changes in safety requirements. Technically, at this point, TVA believes that the physical modifications needed for each reactor are manageable. Also, TVA expects the DOE’s MOX to cost less than uranium fuel.

A decision to proceed with engineering and licensing is currently expected to be made in 2013.

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Yurman

Dan Yurman publishes Idaho Samizdat, a blog about nuclear energy, and is a frequent contributor to ANS Nuclear Cafe.

Priorities for 2012 in Vermont Politics

By Howard Shaffer

Vermont’s “Citizen Legislature” meets from January to May/June. During this term, the major issue is Hurricane Irene and its aftermath. The hurricane caused major devastation, but, thankfully, few lives were lost.

Vermont’s geography of steep mountains and narrow valleys makes heavy rains destructive. Many roads and bridges were washed out during the hurricane.  Homes, trailers, and propane tanks were carried away. Rivers changed courses, which changed some property lines. A few town halls and their records were flooded. Federal disaster assistance and private help were provided. Heroic efforts by citizens restored the roads and bridges by winter, and the economy picked up. Governor Peter Shumlin rightfully acknowledged these efforts in his Vermont State of the State speech.

The Legislature and Governor

Shumlin

The governor is working with a legislature dominated by his Democratic party, 22 to 8 in the Senate and 102 to 48 in the House. In the 2010 election, he credited 14 percent of his vote to the anti-nuclear power/Vermont Yankee vote, in his slim victory margin. An Associated Press local writer wrote a January 17  article “Vermont Settles in To One-Party Government.”

With all the major issues the legislature must face, and with the Vermont Yankee nuclear power plant’s fate in the hands of the federal courts, it might be thought that there would be no time to devote to the “Great Anti-Nuclear Crusade,” local version. Not a chance of that happening in Vermont, however.

Another Lawsuit

The two privately-owned electric utilities in Vermont that are purchasing power from Vermont Yankee are now suing the plant for their extra costs. They claim reimbursement for the replacement power they had to purchase when the plant had to reduce power in 2007 and 2008. One cell in one of two eleven-cell forced draft towers collapsed, and the next year there was a problem with areas that had been repaired.

Vermont Yankee, with the forced draft cooling towers in the foreground.

Apparently, these two companies had no insurance for power lost in these events, nor did their contracts with Vermont Yankee call for reimbursement. The companies say that the contracts did call for “good utility practice.” There was no report of negotiations, or if there is a statute of limitations.

In a change in course, the local AP writer’s story on this lawsuit described how the towers work, and how they use river water. The story finally reports that the infamous picture of the collapsed cell, with water pouring on the debris from the collapse, was leaked to the New England Coalition, an opponent of the plant. The coalition passed the picture to the media, and it is on the internet and used nationally in articles about Vermont Yankee. The plant’s opponents trot it out at every opportunity, and use it in their literature, trumpeting the dangers of nuclear power.

Keeping the Money Flowing

In order to store used fuel in dry casks on its site, Vermont Yankee had to apply to the state’s Public Service Board for a Certificate of Public Good. In the Memorandum of Understanding signed to obtain the certificate, the plant agreed to contribute to the state’s Clean Energy Development Fund. Per the memorandum, the contribution will stop on the date when the plant’s original 40-year license, now extended for 20 years, ends.

Dry cask storage

A new revenue stream is needed. Bills have been introduced in both the House and the Senate to tax the used fuel from nuclear power plants stored in the state. Vermont Yankee is the only nuclear plant in the state, and the representative introducing the bill, who chairs the House Natural Resources and Energy Committee, is an ardent anti-nuke. It is not likely that he is contemplating any more nuclear plants in the state. If the tax targeted just one entity, however, it is believed it would be found illegally discriminatory.

The House version calls for an annual $2 million per dry cask. It also calls for an equivalent tax on the fuel in the storage pool, determined by a formula. This formula appears to have been originated by someone with limited knowledge of the plant and fuel details, and it is incorrect. It says to “divide $2 million by the volume of a dry cask and multiply by 50 percent.” The text implies this figure would be used to apportion the volume of used fuel in the pool (i.e. multiply by), but this is not in the formula. Engineers would use a logical per fuel assembly basis to easily achieve a correct answer.

Re-greening the Green Mountain State

The House bill taxing used fuel also initiates a “Postclosure Funding Tax” of $25 million per year. This tax starts when the bill becomes law. The purpose of the fund is to restore nuclear plant sites, which are “well-suited for electric generation and transmission” to “greenfield” condition, “without a long delay.” Greenfield is defined as “removal of all above- and below-grade structures, equipment, and foundations.”

The bill assumes decommissioning as required by the Nuclear Regulatory Commission will take place first. It prohibits use of the funds for decommissioning unless all other funds have been exhausted. Just as with decommissioning, funds reimburse activities completed. The fund draws interest, and excess funds are returned to the owners. The tax stops when the Public Service Board determines that greenfield conditions have been met.

It will be interesting to see how the lawsuit and the tax bill fare.

Meanwhile the Vermont Yankee plant has been operating very well.

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Shaffer

Howard Shaffer has been an ANS member for 35 years. He has contributed to ASME and ANS Standards committees, ANS committees, national meeting staffs, and his local section, and was the 2001 ANS Congressional Fellow. He is a current member of the ANS Public Information Committee and consults in nuclear public outreach. 

He is coordinator for the Vermont Pilot Project.  Shaffer holds a BSEE from Duke University and an MSNE from MIT. He is a regular contributor to the ANS Nuclear Cafe.

A win for Vermont Yankee

Federal District Court rules against efforts by the State of Vermont to assert regulatory authority over radiological safety issues

By Dan Yurman

Efforts by the State of Vermont to regulate a nuclear reactor within its borders were struck down on January 19 by U.S. District Court Judge J. Gavan Murtha in Brattleboro, Vt. Murtha ruled in three instances against the state, which had sought to shut down Entergy’s (NYSE:ETR) Vermont Yankee reactor, located on the banks of the Connecticut River.

Murtha’s ruling follows a three-day trial last September. The decision was fast tracked to insure it would be handed down prior to the expiration of the current license on March 12, 2012.

Murtha wrote in his 102-page decision that the State of Vermont could not use the legislature’s refusal to issue a Certificate of Public Good as a basis to force the reactor to shut down. He said that state law is preempted by the Atomic Energy Act, which assigns radiological safety regulation to the U.S. Nuclear Regulatory Commission. The judge emphasized that the legislature was focused on “radiological safety concerns” that are the province of the NRC.

A second item in the judge’s ruling enjoined the State of Vermont from using its assertion that it has authority over management of spent fuel at the site as a means to force the plant to shut down.

Finally, the judge said that the legislation could not make a condition of continued operation contingent on the existence of a below-wholesale-market power purchase agreement between Plaintiffs and Vermont utilities, or requiring Vermont Yankee to sell power to Vermont utilities.

Immediate and irreparable harm

“The harm to the public interest from even a temporary shutdown of the Vermont Yankee Station would be significant, immediate, and irreparable,” the judge wrote.

Entergy claimed in its filing with the court that the state’s plans to shut down the reactor would cause the utility to lose highly trained employees, cost jobs both at the plant and in the community, make the electric grid in New England less reliable, force electricity prices to rise, increase greenhouse gas emissions, and hurt state tax revenues.

Vermont likely to appeal ruling

The court ruling will likely be appealed by the State of Vermont to the 2nd U.S. Court of Appeals in New York, but in the meantime, the reactor will continue to operate and supply electricity to Vermont ratepayers.

The 605-MW plant provides about one-third of the electricity used in Vermont.  Rates for electricity in Vermont are significantly lower than in surrounding states due to the low cost of producing it by the reactor.

Vermont Gov Peter Shumlin

Despite the economic advantages the plant provides, Vermont Governor Peter Shumlin said in a statement he was “disappointed” with the ruling.

“I continue to believe that it is in Vermont’s best interests to retire the plant,” he said.

Entergy said in a statement issued by its corporate offices that “the ruling is good news.”

Background to litigation

Vermont has  attempted to assert regulatory authority over reactor operations, management of spent fuel, and to attempt to use economic leverage on rates as a contingency for allowing the plant to stay open.

The NRC granted a 20-year extension to Vermont Yankee’s initial 40-year license in March 2011. Vermont’s State Senate had previously voted in 2010 by 26-4 against allowing the Vermont Public Service Board to issue a Certificate of Public Good. There was no corresponding vote in the State House.

The vote against the plant came following a low point for the reactor. Entergy’s plant managers in testimony before a legislative committee said that the reactor did not have underground pipes that carried tritium.

It was later found that not only did the plant have the pipes, but that they were leaking tritium into the ground within the plant boundaries. The amounts turned out not to be a threat to public health and safety, but the damage was done to the company’s credibility.

The ruling in Vermont is significant elsewhere as neighboring New York state has been trying to shut down the two operating reactors at Entergy’s Indian Point power station. Reactor relicensing actions are pending with the NRC.

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Yurman

Dan Yurman publishes Idaho Samizdat, a blog about nuclear energy and is a frequent contributor to ANS Nuclear Cafe.

“I&C” in Nuclear News

The December issue of Nuclear News magazine, which contains a special section on instrumentation and control, is available in hard copy and electronically for American Nuclear Society members (must enter ANS user name and password in Member Center). The special section contains the following stories:

  • Duke upgrades to digital I&C at Oconee
  • The role of I&C technology in enabling the deployment of small modular reactors, by Dwight Clayton and Richard Wood
  • Digital I&C for research reactors

Other news in the December issue: Nuclear Regulatory Commission staff sends AP1000 final rule package to the commissioners and the Office of Management and Budget; U.S. EPR’s digital I&C system gets first NRC approval; US-APWR design certification now scheduled for October 2014; NRC reschedules work on Turkey Point-6 and -7 into 2014; Entergy submits Grand Gulf license renewal application to the NRC; Comments on Fermi-3 draft EIS accepted through January 11.; Robinson-2 moves higher, Sequoyah-1 lower in NRC’s ROP action matrix; stolen sodium diuranate traced to Areva’s Trekkopje mine in Namibia; regulatory control of USEC’s Portsmouth plant being returned to the Department of Energy; NRC issues final environmental assessment for Nuclear Fuel Services’ fuel fabrication facility; NRC investigates yellowcake incident at Wyoming site; ORISE report shows shifts in career opportunities for nuclear engineering grads; University of Pittsburgh hosts Nuclear Night; Czech utility ČEZ invites vendor bids for new Temelin reactors; Taiwan’s new energy policy calls for nuclear power phaseout; commercial start of Finland’s Olkiluoto-3 may be delayed again; UAE’s Emirates Nuclear Energy Corporation requests approval for site preparation work at Braka; dome of China’s first EPR, Taishan-1, is put in place; Russia applies for membership in OECD Nuclear Energy Agency; IAEA mission team issues preliminary report on Fukushima Daiichi; and much more.

Past issues of Nuclear News are available here.

Loewen leads U.S. nuclear energy mission to India

ANS President Eric Loewen speaking at press conference in Mumbai, India, 9/28/11

A high-powered nuclear energy delegation from the United States, led by American Nuclear Society President Eric Loewen, is visiting India this week to participate in the Indo–U.S. Nuclear Energy Safety Summit being held here on September 30.

Explaining the objective ahead of his first ever visit to India, Loewen said, “Twenty of my ANS colleagues, who come from academia, the government, and industry will join me in seeing first-hand how India develops nuclear energy to provide safe, clean, and affordable electricity to a growing population and economy.”

Loewen added, “Of course, as a nuclear engineer, I am particularly eager to visit some of India’s leading nuclear sites.” Loewen’s delegation will tour the Indira Gandhi Atomic Research Centre and the Bhabha Atomic Research Centre (BARC) government sites, and will meet with government and industry officials in both Chennai and Mumbai. ANS last led a mission to India in 2007.

Anil Kakodkar, former Chairman of Atomic Energy Commission, India

Loewen will present an ANS Presidential Citation to Anil Kakodkar, former chairman of India’s Atomic Energy Commission and secretary of the Department of Atomic Energy, for his critical leadership role in successfully negotiating the Indo–U.S. civil nuclear agreement.

Loewen will also present opening remarks at the Indo–U.S. Summit and will discuss the safety advantages of fast breeder reactors, a technology that he manages at General Electric, and that is part of India’s three-stage plan for civil nuclear energy.

Presenting along with Loewen will be R.K. Sinha, director of the BARC, on the safety advantages of the advanced heavy water reactor being developed by India to take advantage of vast thorium reserves.

U.S. representatives of four lightwater reactor suppliers will also make presentations:

  • Westinghouse on the AP-1000 pressurized light-water reactor
  • GE-Hitachi on the ESBWR boiling water reactor
  • NuScale Power on the lightwater pressurized small modular reactor
  • Areva USA on the EPR pressurized light-water reactor

The presenters will describe the safety advantages of their reactors for India. U.S. government speakers from the State Department, Embassy New Delhi, Department of Commerce, and the Nuclear Regulatory Commission will address the summit on the mutual benefits of the Indo–U.S. civil nuclear agreement, signed nearly three year ago on October 8, 2008.

Other U.S. presenters will discuss the safety advantages of technology from the following companies: USEC, Transco, Holtec, and Rosemont Nuclear.

A U.S. Nuclear Infrastructure Pavilion at the India Nuclear Exposition (INE), certified by the U.S. Department of Commerce will feature the organizations mentioned above plus the American Society of Mechanical Engineers, the Nuclear Engineering Department Heads Organization, Urenco USA, Curtiss Wright, Bechtel, mPower, Milbank, and the Indo-American Chamber of Commerce. The INE, India’s largest nuclear exposition, will run September 29–October 1 at the Bombay Exposition Centre in Goregaon, Mumbai.

On Saturday, October 1, IIT-Bombay and the ANS India Section will host a Framework on Nuclear Education Cooperation featuring students and professors from more than a dozen Indian and U.S. universities. All events are open to the public.

“The goal of the mission, summit, pavilion, and education outreach activities are to promote cooperation between nuclear professionals of our two countries,” said Corey McDaniel, president of the ANS India Section.

“The theme of these activities is a discussion on the public safety advantages for India and the U.S. as a result of Indo–U.S. civil nuclear cooperation,” McDaniel added.

Chartered on February 11, 2011, the ANS India Section is the ninth international section of ANS. The India Section was formed as the implementing organization of a memorandum of agreement with the Indian Nuclear Society signed on the second anniversary of the Indo–U.S. civil nuclear agreement, on October 8, 2010.

For more information about the Indo–U.S. Nuclear Energy Safety Summit, the U.S. Pavilion, the mission, and the education symposium, please click here.

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