Category Archives: Department of Energy

60 years ago in Idaho

Sixty years ago on December 20, scientists and engineers in Arco, Idaho,
successfully used nuclear energy from the EBR-1 to power four 200-watt light bulbs, laying the groundwork for decades of clean electricity and a strong U.S. nuclear energy industry.

The first production of usable nuclear electricity occurred in December 20, 1951, at Idaho National Laboratory when four light bulbs were lit with electricity generated from the EBR-1 reactor.

The Department of Energy’s video (and blog post at its site) looks both at the history and the future of nuclear energy in the United States.

The following is excerpted from the DOE’s blog post:

At 1:23 p.m. on December 20, 1951, Argonne National Laboratory director Walter Zinn scribbled into his log book, “Electricity flows from atomic energy. Rough estimate indicates 45 kw.” At that moment, scientists from Argonne and the National Reactor Testing Station watched four light bulbs glow, powered by the world’s first nuclear reactor to generate electricity.

Fifteen years later, in Arco, Idaho, President Johnson stood at this same site and designated the reactor a national historic landmark. He said, “We have moved far to tame for peaceful uses the mighty forces unloosed when the atom was split. And we have only just begun. What happened here merely raised the curtain on a very promising drama in our long journey for a better life.”

Please visit the DOE’s site here for the entire blog post and for a video on nuclear energy.

_______________

“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.

“Waste Management” in Nuclear News

The November issue of Nuclear News magazine, which contains a special section on waste management, 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:

  • What will we do with it all? by Ed Batts
  • Coupling repositories with fuel cycles, by Charles Forsberg
  • What does 1 million years mean to a regulator? by Edward D. Blandford, Robert J. Budnitz, and Rodney C. Ewing
  • Robert Sindelar: Extended spent fuel storage, interview by Rick Michal

The issue also contains a feature article on the inaugural ANS “live” webinar, with Nuclear Regulatory Commission chairman Gregory Jaczko as guest; and a report on the International Atomic Energy Agency’s 55th General Conference.

Other news in the November issue: A Government Accountability Office report states that United States has limited ability to secure nuclear material overseas; the world’s largest open-air nuclear storage pool moves toward decommissioning; a site is chosen for Finland’s seventh power reactor; startup testing for Argentina’s Atucha-2 power reactor. is launched; Vietnam awards contract for power reactor feasibility study to Japan Atomic Power Company; Fluor, GE Hitachi sign memorandum of understanding for proposed power reactors in Poland; Cameco signs mining, milling deal; Areva’s Eagle Rock enrichment plant receives NRC license; the Department of Energy gives grants for nuclear-related university research and development, infrastructure.; Areva launches “learning tour” for partner and customer company employees; NRC commissioners conduct mandatory hearing for Vogtle-3 and -4; spent fuel pool instrumentation, Mark II containment venting added to NRC staff’s near-term post-Fukushima actions; NRC finds no vital quake damage at North Anna, but shutdown continues; public support for nuclear power lower than before Fukushima, but a majority still in favor; foreign control contention added to South Texas-3 and -4 hearing process; and more.

Past issues of Nuclear News are available here.

______________

Hall Talk – Licensing the Integral Fast Reactor design

Our intrepid reporter files another update from the ANS Winter Meeting.

By Dan Yurman

Closing regulatory gaps for sodium fast reactors

Argonne West at the Idaho National Laboratory on the Arco desert

Anyone who thinks the Integral Fast Reactor (IFR) died in the 1990s needs to think again. At a panel on Tuesday, November 1, at the ANS Winter Meeting, a group of senior scientists and engineers who have worked on the technology gathered to assess the results of more than two years of work. Their task was to look at the databases about the IFR and determine what gaps exist that would need to be closed to license a sodium cooled fast reactor in the United States.

This is not an academic exercise, as there are multiple commercial efforts to build small modular fast nuclear reactors for sale in this country and overseas. The work group assembled information on the state of knowledge about safety analysis for licensing issues such as leaks, fires, and other events under various scenarios including loss of external power and seismic events.

John Sackett

John Sackett, who was a manager for the IFR at the Idaho National Laboratory, said that the objective is to find gaps relative to the licensing process. Mike Corradini, one of the members of the team, said that, for instance, one of the areas of concern is how reactor systems would respond if there was damage to the primary heat exchange loop when using a CO2 based super critical system.

Sackett said that the interest in sodium cooled fast reactors is based on their passive safety features.

“What we know now is that there are no technical gaps that would preclude a licensing application if using known technology. Gaps might arise if a developer chooses to use a new fuel which would need testing. That process could be completed faster if simulation and modeling tools could be brought to bear on the problem,” said Sackett.

Sackett also said that most of the people who worked on the IFR are at or beyond retirement age.

“There is a risk that first-hand knowledge of the data about the technology will be lost,” he said.

Another challenge is that quality assurance information for existing databases about the IFR would need to be reviewed to include it in a licensing review.

So, who wants to build one? Sackett noted there are four leading developers—Terrapower, Toshiba, General Electric, and the ARC100.

Leon Walters, who worked with Sackett on the IFR as the fuels manager, said that the ARC100 is being looked at by Morocco for possible use to power reverse-osmosis desalinization plants.

A licensing engineer from the Nuclear Regulatory Commission sitting in on the session noted that General Electric submitted a licensing plan for its PRISM technology, but that there is no active review of that plan nor of any other non-LWR technology at the agency at this time. Executives from GE briefed Congress on the technology in June 2009.

Last June, a spokesman for Terrapower told the New York Times that the company was talking with potential partners to build a prototype in multiple countries, but that it had no plans to license the design in the United States.

For copies of the reports on the IFR gap analysis work, contact:

Matthew Denman, Ph.D.
Senior Member of the Technical Staff,
Risk and Reliability Analysis Department
Sandia National Laboratories
P.O. Box 5800, MS 1141
Albuquerque, NM 87185-0748

Email: mrdenma@sandia.gov
Phone:  (505)284-9988
Mobile:  (617)999-2848
Fax:  (505)844-2829

# # #

Yurman

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

Hall Talk at ANS Winter Meeting – Sunday

By Dan Yurman

Snow day

Your reporter has been tramping around chilly Washington, DC, beset by an unseasonable early snow storm on Saturday. At the American Nuclear Society Winter Meeting, aptly named this year, I’m collecting observations, rumors, and raw random data, throwing out the rumors and keeping the rest to post here. This will be a daily feature through Wednesday of this week.

Don’t forget the Twitter hash tag for the conference is #ans11. Post something to Twitter with it and it could wind up here!

India section draws attention from nuclear luminaries

Cory McDaniel, head of the ANS India Section, notes that a recent meeting in Mumbai, attended by ANS President Eric Loewen, drew four of India’s leading nuclear figures including Anil Kakokadar, former head of India’s Atomic Energy Commission. Dr. S. Banerjee, the current head of the same agency, R.K. Sinha, director of a major nuclear R&D laboratory and VP of the ANS India Society, and S.K. Jain, chairman of NPCIL.

We’ll have more information about that meeting in a video interview on the ANS YouTube channel soon.

Focus on Communication on Monday, Wednesday

Mimi Limbach of Potomac Communications reminds readers that there are three sessions on communications with the public, two are on Monday and one on Wednesday.

  • Meet the Media, on Monday, Oct. 31, at 2:30 p.m., will feature New York Times reporter Matt Wald, whose work leads media coverage of nuclear energy; Platts’ editorial director of energy policy and host of Platt’s Energy Week, Bill Loveless, who supervises Platts’ Washington office and edits Inside Energy; and The Energy Daily’s Jeff Beattie, who covers the commercial energy industry for this important publication. They’ll each have a few things to say about journalism and then they’ll take your questions. It’s in the Forum Room.
  • Communicating with Policy Makers, on Monday, Oct. 31, at 4 p.m., has a terrific panel: Matt Bennett, senior vice president and founder of Third Way, a moderate Democratic think tank that supports nuclear energy; Annie Caputo, who is on the professional staff of the U.S. Senate Environment and Public Works Committee and who is well known for her work with the commercial nuclear energy industry; Jon Epstein, who is senior counsel to the U.S. Senate Energy and Natural Resources Committee, where he oversees the DOE and research issues for the committee; Dale Klein, former NRC chairman, assistant to the Secretary of Defense for Nuclear, Chemical and Biological Defense Programs, and vice chancellor for special engineering programs at the University of Texas; and Mike Corradini, University of Wisconsin professor of Nuclear Engineering and ANS vice president and president elect. Mike and Dale will be leading a discussion on the ANS’s special task force on Fukushima. Each of the panelists will share their insights and then they’ll take your questions. This session also is in the Forum Room.
  • Focus on Communications: Building Support for Nuclear Energy with Policy Makers, on Wednesday, Nov. 2, at 4:30 p.m. will feature beer, wine, and snacks, courtesy of Areva. In this session, ANS Washington rep Craig Piercy and I will discuss the politics of nuclear energy and their implications for how best to communicate with policy makers. We’ll also hold an open forum on actions that ANS should take going forward. This session is in the Hampton Ballroom. It is being held in conjunction with the  Young Professional Congress.

Idaho on an iPad

The Idaho National Laboratory has a new mobile application that displays information about lab programs and capabilities on smart phones and mobile devices. Think of it as the Idaho lab on an iPad or iPhone or any mobile device that can read a QR code.

Point your smartphone camera at this QR code to access the application.

Point your device at:  nuclearapp.inl.gov and lock on to the QR code there for free access.  No registration is required to get a stunning visual tour and catalog of capabilities of what’s going on at the DOE lab. The site can also be seen on a laptop or desktop using the Google Chrome web browser.

That’s it for tonight. More Monday.

_____________

Yurman

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

Do you have your Radwaste Solutions?

Just a reminder that the September/October issue of Radwaste Solutions is available in hard copy and electronically for American Nuclear Society members (must enter ANS user name and password in Member Center). The issue is devoted to environmental remediation, and contains the following feature articles:

  • Getting Remediation Done at ORNL
  • Enhanced “Interrogation” Techniques: Soil Contamination Imaging at Hanford
  • From Test Site to Wildlife Refuge: Tatum Salt Dome Test Site Transferred to State
  • Permeable Reactive Barriers: Advancing Natural In-Situ Remediation for Treatment of Radionuclides in Groundwater
  • Groundwater Restoration at the La Rosita In-Situ Uranium Recovery Project
  • It’s Complicated: The Complexities of Decommissioning a Uranium Mine Site

Other items of note in the issue include the following reports:

  • Draft Report from the Blue Ribbon Commission on America’s Nuclear Future—Executive Summary
  • Report of the American Nuclear Society’s President’s Special Committee on Used Nuclear Fuel Management Options—Executive Summary

The issue also contains a meeting report titled, “Very Long Term Dry Storage—and Other Issues,” which deals with information collected during a session at the ANS 2011 Annual Meeting in June, and much more.

Past issues of Radwaste Solutions are available here.

____________

ANS webinar with NRC Chairman Gregory Jaczko a success

A collaborative effort between the American Nuclear Society and the U.S. Nuclear Regulatory Commission resulted in a successful 90-minute webinar on nuclear safety issues on October 4.

NRC Chairman Gregory Jaczko (right) talks to ANS moderator Dan Yurman (left) at the Oct 4 webinar. Photo: Clark Communications

More than 60 people signed on to the webinar session when it started at 11 a.m. (Eastern time), and more than 40 were still with it when the event ended 90 minutes later. According to the NRC, another 15 people listened in through a toll-free 800 telephone number.

NRC Chairman Gregory Jaczko took questions during the live, unscripted session on a wide range of topics including Yucca mountain, new reactor design reviews, and the NRC’s response to the Fukushima crisis.

Laura Scheele, ANS manager of Policy & Communication, noted that this was a first-of-a-kind effort by the two organizations. The project began last summer when NRC Public Affairs Chief Eliot Brenner approached ANS about the webinar idea.

“The ANS elected officers green-lighted the webinar as an opportunity for ANS to provide a virtual forum for ANS members and other nuclear professionals to ask NRC Chairman Jackzo about important nuclear energy issues,” said Scheele.

Webinar challenges

As the project took shape, the NRC agreed with Scheele that two separate sessions were needed—one for pro-nuclear bloggers and one for anti-nuclear organizations.  Scheele also insisted, and the NRC agreed, that the moderator could ask follow-up questions. About a third of the questions asked were of the follow-up type.

While webinars are well-understood mechanisms in the high-tech industry, this was the NRC’s first experience with the process. There were a fair number of questions facing the organizations sponsoring the event. For instance, would nuclear bloggers agree to send in questions ahead of time? Would enough people sign up for the webinar to make it worthwhile?

The NRC chairman has been a lightning rod for controversy over his actions regarding Yucca Mountain. It was thought that some people who disagreed with the chairman’s actions might ask questions that went beyond the boundaries of civil discourse.

In the end, the print-out of questions submitted in advance was more than five pages long. Several overlapping questions were combined to make effective use of limited time.

While many of the questions were asked, and answered, many others—some highly technical—will be answered on the NRC blog. In addition, the NRC has posted a podcast of the webinar, a video, and a complete transcript (see links below).

Jaczko was pleasant, conversational, and well prepared for the session. He invested a lot of time in the event both before it and during the a 90-minute live, unscripted session. The result “exceeded all expectations,” the NRC’s Eliot Brenner told the New York Times.

Question highlights

In particular, Jaczko was asked about his congressional testimony on March 16 that Fukushima’s spent fuel pool at reactor #4 had lost much of  its water and was a major source of high levels of radiation being released into the environment.

In response, he said, “The lesson we take from this is that we need adequate instrumentation to monitor the pools.”

In response to another series of questions about management of spent fuel, he said that dry cask storage is good for at least 60 years. He dismissed the idea of creating a single interim storage site for spent fuel, saying that it was safe to continue to store at reactor sites until a permanent solution could be found. Asked if the NRC could license a spent fuel processing facility today, Jaczko said technically that the NRC isn’t ready to review that kind of application.

On the subject of small modular reactors, Jaczko said that the NRC is comfortable reviewing designs based on conventional light water reactor technology.

Asked what keeps him awake at night, Jaczko said the fear is that there is some unknown factor that is being missed in the agency’s safety analysis of a situation at a reactor or in a license application.

The webinar questions were moderated by Dan Yurman, a nuclear energy blogger. He is a member of ANS and serves on the ANS Public Information Committee.

Links to NRC Video, Audio, and Transcript

# # #

The Dispatch Queue – An Alternative Means of Accounting for External Costs?

by Jim Hopf

Without much going on recently that hasn’t been covered by other blog posts, I’d like to explore a topic not specifically tied to nuclear power or to activities currently going on in Washington, D.C. It involves an idea I have about a possible alternative means of having the electricity market account for the public health and environmental costs of various energy sources, and encouraging the development and use of cleaner sources (including nuclear) without requiring legislation. Given the failure of Congress to take action on global warming, as well as environmental issues in general, non-legislative approaches to accomplishing environmental goals may be necessary.

The Problem

While most people express a desire to use cleaner, lower-CO2-emitting power generation sources, there is still no tangible mechanism in the electricity market that encourages their use over dirtier, highly-emitting sources. There are regulations and requirements for pollution controls, but once these minimum requirements are met, there is no incentive to use a cleaner source over a dirtier one.

The external (public health and environmental) costs of generation sources such as coal and oil are very significant, and if they were fully accounted for by the market, it would almost double their price. Some have called the fact that external costs are not accounted for the largest “market failure” within our energy economy. Given that these external costs are as real as the “normal” economic (or internal) ones, the current market is warped, in that it effectively subsidizes dirty sources by having a significant fraction of their real overall cost not be reflected in the market price.

One may say that the best response would be to significantly tighten pollution regulations, perhaps to the point where no sources have significant external costs. There are problems with this approach, however, above and beyond the fact that the energy industry has (and will?) successfully blocked the legislation that would be required. Significant tightening of regulations raises issues such as how expensive compliance will be, and whether or not viable alternative (cleaner) sources would be available. The beauty of simply placing a cost (or tax) on pollution that reflects its costs to public health and the environment is that those issues need not be addressed. The market just decides between sources based on the true, overall cost of each, resulting in the minimum overall (economic + environmental) cost-generation portfolio.

The above reasoning is what led to policies like cap-and-trade or a CO2 emissions tax being proposed as a solution for the global warming problem. This has not flown politically, however. Policies that attempt to have external costs included in the market cost of energy have been labeled a “tax increase.” This is particularly true given that the associated pollution taxes (or emissions credit costs) would have largely gone to the government.

Well, if we can’t tax pollution, how about encouraging the use of clean sources by giving them subsidies? This has proved to be more popular so far, but this idea has also recently run into trouble, given the current situation with the budget deficit and national debt. Events like the Solyndra bankruptcy have put government clean energy subsidies even more on the defensive. Thus, it seems that neither policies involving money flowing to the government nor policies involving money flowing from the government are politically viable at this point.

One final idea, which does not involve money going to or from government, is simply requiring that cleaner sources provide a certain fraction of our overall power generation. The many state Renewable Portfolio Standards (that do not include nuclear) and the Clean Energy Standard being considered by Congress and the Obama administration (which does include nuclear) are examples of this policy. While better than nothing, such policies are not ideal in that they are crude, and don’t involve a quantitative incentive based on real external costs. An energy source is either defined as “clean,” or it is not. Note that the definition of “clean” would be decided politically, as opposed to objectively based on tangible external costs determined by scientific studies (nuclear’s exclusion from state Renewable Portfolio Standards policies being one outrageous example). Finally, there is the fact that any such policy would require legislation.

All of the above begs the question whether there is a policy available that will encourage the use of cleaner energy sources that is revenue-neutral (i.e., does not involve money flowing to or from the government), does not involve the outright (political) selection of certain energy sources over others, and does not require legislation.

Enter the Dispatch Queue

There must be enough power plants in a given region to meet the maximum load (or demand) expected to occur. In fact, total generation capacity must exceed maximum demand by a specified “reserve margin,” to address the possibility of a plant going offline, or other possible considerations. Due to the fact that demand varies significantly with time, a significant fraction of the generation capacity remains offline, some or most of the time.

The dispatch queue is a means by which utilities, or independent regional grid operators, decide which power plants will operate in order to meet demand at any given instant. A good discussion of dispatch queues and how they operate can be found in this Department of Energy report.

The general goal of the methodology used to set the dispatch queue order is to minimize overall generation cost, while staying in compliance with all federal or state laws (environmental rules, etc.). This is done by placing the power plants with the lowest “variable” cost first in the queue. Plants with the highest “variable” cost are placed last. The “variable” cost of a plant represents how much more it costs to operate the plant than it costs to leave it idle (i.e., it includes the fuel cost and maintenance costs that arise from operation, but does not include the plant capital cost, personnel costs, or any fixed maintenance costs). Thus, one starts with the least expensive plants, and moves up (in cost) until generation meets demand. The remaining, more expensive plants are not fired up. This ensures that the lowest-operating-cost set of plants is used to meet demand at any given time.

As far as who makes the decisions is concerned, in many cases the local utility itself runs the dispatch for its own service territory. In most of the United States, however, there is a large regional grid (covering several utilities) that is operated by an Independent System Operator (ISO) or Regional Transmission Organization (RTO), and those organizations, which are independent of the utilities, set the dispatch queue for the region.

The Idea

As discussed above, a plant’s place in the dispatch queue is based upon variable cost, with the lowest variable cost plants being first in the queue. As discussed in the DOE report, all the dispatch queues in the country base the dispatch order almost entirely on variable cost, with the only possible exceptions being issues related to maximizing grid reliability. What if the plant dispatch methodology were revised so that environmental costs were also considered?

Ideally, the public health and environmental costs would be objectively and scientifically determined and cast in terms of an equivalent economic cost (as has been done in many scientific studies such as the ExternE study referenced earlier). The calculated external cost would be added to a plant’s variable cost, and its place in the dispatch queue would be adjusted accordingly. The net effect would be that dirtier plants would be run much less often, resulting in greatly reduced pollution.

This could have a huge impact in the United States, especially at the current time. Currently, natural gas prices are so low that the variable costs of combine-cycle natural gas plants are not much higher than those of coal plants, even without considering environmental impacts. Also, there is a large amount of natural gas generation capacity sitting idle. The current situation is almost tragic, where we could replace a huge amount of old, dirty coal-fired capacity with modern gas-fired capacity, which would result in a huge reduction in both air pollution and CO2 emissions, and could do so at little cost. This would, in fact, occur if the electricity market put even a small weight on environmental considerations, but alas it places none.

More specifically, if dispatch queue ordering methods were revised to even place a small (economic) weight on environmental costs, there would be a large switch from coal to gas generation, with coal plants (especially the older, dirtier ones) moving to the back of the dispatch queue, and only running very rarely (at times of very high demand). The specific idea of putting gas plants ahead of coal plants in the dispatch queue is being discussed by others.

The beauty of this idea is that it does not involve any type of tax or government subsidy. It is revenue neutral. Also, depending on the specifics of how it’s implemented, it can be quantitative in nature, with environmental costs of various power plants being objectively weighed, as opposed certain sources simply being chosen, by government/political fiat, over others. It also may not require legislation (see below). Finally, dispatch queues and their policies and methods are a rather arcane subject and are generally below the political radar (many folks haven’t even heard of them). Thus, this approach may allow the nation’s environmental goals to be (quietly) met without causing a political uproar. It could allow policy makers to do the right thing without paying too high of a political cost.

Questions/Issues

The DOE report does mention some examples of dispatch queue methods factoring in issues other than just the variable cost. It is fairly common for issues of grid reliability to be considered. Also, compliance with federal or state environmental requirements can have some impacts. Examples of such laws include limits on the hours of operation for certain polluting facilities, or state requirements that a “renewable” facility generate a certain amount of power over the year. The report also discusses the possibility of favoring more fuel efficient gas plants over less efficient ones in the queue, even if using the less efficient plants at that moment would have cost less, in order to save natural gas. Thus, the report does discuss deviations from the pure cost model, to consider things like environmental impact and resource conservation.

I could not ascertain from the DOE report, however, what legal authorities govern the entities that make the plant dispatch decisions (i.e., the ISOs and RTOs), and what types of action would be required in order to change the dispatch methodology (e.g., whether legislation would be required). The DOE report was a study that was called for by the Energy Policy Act of 2005, which implies that its conclusions would be considered in future congressional legislation. I could not tell from reading the report if the lowest cost (only) method of dispatch is actually enshrined somewhere in state or federal law. If so, the changes I’m proposing would require legislation, of course.

The DOE report states that in some regions the local utility runs the dispatch queue itself. In the case of the larger grids run by the ISOs and RTOs (which cover most of the country), the report implies that those entities are heavily influenced, if not governed, by the Federal Energy Regulatory Commission (FERC), which is part of the executive branch of the federal government.

In the case of utility-run dispatch queues, it seems that nothing short of new regulations (on pollution limits, or direct guidance on dispatch queue ordering) would result in a change in dispatch policy. Whereas reducing cost and maximizing grid reliability would be directly in the utility’s interest, favoring cleaner generation sources in the queue would not, unless it is driven by regulations. Thus, in this case, legislation would probably be necessary, although it’s conceivable that the EPA could act (like it’s about to on CO2).

In the case of the large grids run by ISOs and RTOs, it’s possible that such a change in dispatch methodology could be made by the federal executive branch, if indeed the FERC has the power to mandate such a change. In the current political situation, where the executive branch favors market-based mechanisms for reducing emissions (e.g., CO2) but doesn’t have sufficient support in Congress, this approach could be an alternative means for the administration to meet its objectives, without legislation being required. It must be noted, however, that although legislation would not be required, it is not clear how much direct influence the administration has over the FERC, which is an independent regulatory body. It may not be in FERC’s nature to initiate such a significant policy change by itself.

Effect on Nuclear

With respect to the impacts of including environmental costs in plant dispatch order determination, I’ve mainly discussed the effects on gas vs. coal. Indeed, a switch from coal to gas would be the main impact of such a policy change.

As for nuclear, as well as renewables, the direct/immediate impact would be minimal. That is because both nuclear and renewable sources have high capital costs but very low variable costs. They also have very low environmental impacts; much lower than those of coal or gas. Thus, they will remain at the front of the dispatch queue, ahead of both coal and gas. Nuclear and renewable generation sources will be put into service whenever they are available, and this proposed policy change would do nothing to change that. It is likely, however, that such a change in dispatch policy would have indirect impacts, further down the road, that would benefit nuclear as well as renewables.

Given the political opposition to new coal plants, as well as looming air pollution (and perhaps CO2) reduction requirements, most observers believe that there will be few, if any, new coal plants built in the United States. Meanwhile, renewables will provide a specified fraction of overall generation in the future, mostly based on state or federal government mandates. For most of the rest of our new generation needs, many expect nuclear and gas to be the primary competitors.

Given the future competition between nuclear and gas for bulk baseload power generation in the future, the future price of natural gas is one of the primary factors that will affect nuclear’s future growth. In addition to reducing air pollution and CO2 emissions (which would result in tremendous environmental and public health benefits), a change in dispatch policy that results in a shift from coal to gas will help correct the current imbalance between natural gas supply and demand (i.e., alleviate the current gas glut) and firm up natural gas prices. This in turn would result in at least some increase in nuclear generation.

________

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.

September 2011 Nuclear News is online

The September issue of Nuclear News is available in hard copy and electronically for American Nuclear Society members (must enter ANS user name and password in Member Center). The issue contains a variety of features, including:

  • An interview with Cliff Hamal, of Navigant Economics, on the expected cost increase in the coming decades of storing spent nuclear fuel at retired reactor sites.
  • A look at the Blue Ribbon Commission’s draft recommendations for spent fuel management.
  • Insights from the Fukushima Daiichi accident: Comments on the Nuclear Regulatory Commission’s near-term task force report.
  • An in-depth review of ANS’s 2011 annual meeting, which was held in Hollywood, Fla.

Hanford workers load a mixed LLW container onto a shipping platform.

Other news items in the September issue deal with: an NRC staff memo that addresses small modular reactor staffing issues; the summer heat that led to power level reductions at nuclear power plants; the commercial start of Watts Bar-2 being officially delayed until 2013; the NRC’s extending the time to apply for NFPA 805 amendments; the seismic studies scheduled for Diablo Canyon’s license renewal; the draft environmental impact statement issued for Seabrook’s renewal; U.S. Department of Homeland Security, European Commission teaming up to enhance security; first applications submitted for new reactor construction in United Kingdom; U.K. energy market reforms aim to attract nuclear investment; Sellafield MOX fuel plant closing as demand dips; Japan’s prime minister’s call for a nuclear phaseout; the arrival of the world’s first AP1000 reactor pressure vessel in China; the tsunami countermeasures planned for Japan’s Hamaoka nuclear station; India’s signing of a cooperation agreement with South Korea; the completion of a retubing project at South Korea’s Wolsong-1; the Department of Energy beating of deadlines for dealing with transuranic and mixed waste at the Hanford Site; investors extend deadline for USEC to obtain a DOE loan guarantee for the American Centrifuge Plant; the DOE awards $39 million for university-led nuclear R&D; and more.

Past issues of Nuclear News are available here.

____________

NRC terminates Yucca Mountain proceeding

Next stop, federal court!

By Cornelius Milmoe

In June 2010, the Nuclear Regulatory Commission’s Atomic Safety and Licensing Board (ASLB) determined that the Department of Energy’s attempted “withdrawal” of the Yucca Mountain license application could not relieve the NRC of its duty to make a decision approving or disapproving the application. A year after the ASLB decision, the U.S. Court of Appeals ruled in the Aiken County case that the Nuclear Waste Policy Act (NWPA) requires the NRC to review and act on the Yucca application, and that the court would order the NRC to make a decision if it refused to do its duty.

Despite the ASLB and court rulings, the NRC has suspended all agency action on the application and refused to release the Safety Evaluation Report (SER) prepared by NRC staff. The decision to suspend work and close out the license process was made unilaterally by Chairman Gregory Jaczko, not by the full commission.

On Friday, September 9—the NWPA due date for the NRC final decision, and 14 months after the ASLB decision—the NRC issued a two-part order in the licensing proceeding. First the order stated “the Commission finds itself evenly divided on whether to take the affirmative action of overturning or upholding the Board’s decision.” It would seem that with the divided vote, the ASLB decision denying the motion to withdraw would stand. But, the second part of the order stated, “we hereby exercise our inherent supervisory authority to direct the Board to, by the close of the current fiscal year [September 30], complete all necessary and appropriate case management activities, including disposal of all matters currently pending before it and comprehensively documenting the full history of the adjudicatory proceeding.”

The order is difficult to parse. On one hand, it indicates that there were not enough votes to terminate the case as the DOE requested, but on the other hand, it appears to direct the ASLB to terminate the case by the end of this month because of “budgetary limitations”. What is clear is that the NRC has thrown down the gauntlet to the court of appeals.

In its Aiken County opinion last July, the court deferred review of the NRC’s action in the Yucca Mountain proceeding until there was a final NRC decision. The court flatly stated that “the NWPA requires the Commission to issue a final decision approving or disapproving the issuance” of a license within three years of the application. It warned the NRC that it would issue an order compelling action if the NRC decision was “unreasonably delayed” or if the court found a “transparent violation of a clear duty to act”.

Judge Janice Rogers Brown wrote a separate concurring opinion that referenced Jaczko’s plan to provide no money for licensing activities and closing out review of the license application so that “unresolved legal questions, … would stay unresolved legal questions.” Even last June, Brown wrote, “It is arguable the NRC has abdicated its statutory responsibility under the NWPA.” Judge Brett Kavanaugh’s opinion recognized that President Obama has decided not to use Yucca Mountain, but concluded that the president does not have the final word about whether to terminate the Yucca Mountain project. Kavanaugh said, “[T]he ball in this case rests … with the Nuclear Regulatory Commission.”

The petitioners in the Aiken County case have filed a new motion for an order requiring the NRC to proceed with the licensing process as required by the NWPA. They argue that the NRC had the DOE appeal of the ASLB decision under consideration for 10 times longer than the 45 days it gave the ASLB to get briefs, hold hearings, and make the original decision. The petitioners also pointed to evidence in congressional testimony and a report by the NRC’s inspector general that Jaczko acted unilaterally, without a commission majority, to stop staff work on the license, withhold the staff SER, and delay the commission’s decision on the DOE motion. With that evidence, and the NRC’s failure to meet the NWPA deadline for its final decision, it seems likely that the court will conclude that the NRC is guilty of unreasonable delay and that it may be a transparent violation of a clear duty to act.

In any event, the court has given the NRC its chance to do its duty on the Yucca Mountain application, and the NRC has declined. The next episode will be in the court of appeals, as the NRC tries to defend its failure to act on the license application.

Note: A detailed analysis by C.J. Milmoe of the NRC actions is available via Nuclear Townhall.

______________

Milmoe

C.J. Milmoe has been involved in waste management and nuclear power development for more than 30 years, both in government and in the private sector. He is active in ANS and in nuclear industry advocacy groups.

ANS urges NRC to take action on Yucca Mountain

ANS President Eric Loewen sends letter to Chairman Jaczko and NRC commissioners to stress the importance and obligation to complete licensing application

Eric Loewen, president, American Nuclear Society

The American Nuclear Society has delivered an August 22 letter to Nuclear Regulatory Commission chairman Gregory Jaczko and the NRC commissioners to urge the agency to complete the consideration of the licensing application for the Yucca Mountain used fuel repository, ANS President Eric P. Loewen announced.

“As a professional and scientific society, ANS has chosen not to take a position on the suitability of Yucca Mountain as a repository site,” he said. “However, we have become increasingly concerned that NRC has not defined a clear pathway to complete the licensing process. Failure of the NRC to judge the Yucca application on its merits would be a triumph of shortsighted politics over science. That’s why ANS has come off the sidelines.”

The letter noted that the NRC’s Atomic Safety and Licensing Board has determined that the motion to “withdraw” the license application by the Department of Energy does not relieve the commission of its duty to review the application and make a determination on its technical merits.

Loewen added that the United States Court of Appeals, as recently as July 1, 2011, ruled that the NRC is required by the Nuclear Waste Policy Act to review the application. Nevertheless, the letter continues, “the NRC, without an open formal decision of its own, has suspended . . . review of the application and . . . refused to release . . . the Safety Evaluation Report.”

Loewen stated, “Our members are concerned that if the commission does not act, the court will order it to do so, thereby inflicting indelible harm to the commission’s reputation for scientific professionalism and independence. We urge the commission to protect its traditions of openness, objectivity, and excellence by completing the scientific review of this matter.”

The Las Vegas Review Journal has coverage of the ruling by the U.S. Court of Appeals on July 1, 2011.

Click here for the text of the letter from Loewen to the NRC.

Newsweek interviews Loewen

Loewen was interviewed by the online edition of Newsweek magazine  (The Daily Beast) this week about the letter. In the interview, Loewen pointed out that the DOE had studied Yucca since the late 1970s before handing it off to the NRC in 2008. When the funding from Washington ended, the NRC ended its review of the site.

ANS officers, many of them former industry leaders and academics, argue that the licensing process should be finished regardless of the project’s prospect of actually operating.

“We try to stay out of the politics and argue from a technical standpoint, but we’re just so frustrated as a technical community we want to come off the sidelines,” said Loewen.

Yet, the decision to shutter Yucca has long been considered political in nature. President Obama ordered the action under pressure from Senate Majority Leader Harry Reid (D., Nev.).

All five commissioners, including Jaczko, declined to discuss the ANS letter and the NRC’s stalled progress on Yucca with the Daily Beast. But some have taken public stances against Jaczko’s decision to halt the project. William Ostendorff, who sits on the commission until 2016, told Congress last fall that he agreed that the NRC still had an obligation to investigate Yucca and other potential repository sites.

_____________

Nuclear News’ 17th annual vendor/contractor issue

The August issue of Nuclear News is available in hard copy and electronically for American Nuclear Society members (click here—log-in required).

The issue contains a 122-page special section containing advertisements and “advertorial” information about products and services provided by various companies serving the nuclear industry.

In addition, the August issue contains the following feature articles:

  • The Advanced Test Reactor National Scientific User Facility
  • 2011 ATR Users Week—Meeting the Needs of the Nuclear Community
  • A report on the International Atomic Energy Agency’s Ministerial Conference on Nuclear Safety
  • A perspective by former Sen. George Voinovich on enabling nuclear energy and the prospects for new nuclear

Additional news items of note in the August issue: Appeals court rejects lawsuit to stop the Department of Energy from ending the Yucca Mountain project, but leaves the door open; Xcel Energy and the federal government settle on used fuel lawsuits; tests show that commercial off-the-shelf computer components can withstand the space environment; the Interior Secretary withdraws 1 million acres of federal land near the Grand Canyon from new uranium mining claims; universities and national laboratories to collaborate on nuclear security; the Domestic Nuclear Detection Office tests new technology at Belmont Stakes; major concrete repair extends Crystal River-3′s outage to 2014; the Nuclear Regulatory Commission approves license renewal for Prairie Island and Salem-1 and -2; poll shows that residents living near nuclear plants continue to favor nuclear power; the Jordan Atomic Energy Commission receives three bids to build first nuclear power plant; referendum ends plans to reintroduce nuclear power in Italy; and much more.

Past issues of Nuclear News are available here.

This post first appeared on the ANS Nuclear Cafe.

Some good news for a change

Help comes from positive news for getting nuclear energy out of its defensive corner

By Dan Yurman

Some good news and a bit of barroom psychology.

Recently, in a meeting room full of nuclear energy professionals, the spirit of doom and gloom from Japan’s Fukushima nuclear crisis was so apparent that even the bartender serving beverages from his portable bar had noticed it.

One nuclear professional who had gone up to get something to drink was counseled by the bartender: The group in the meeting room needed to lighten up! Upon hearing about this bit of barroom psychology, I wondered if there might be some news globally that would help with this task, aside from another round of single malt scotch.

It turns out that there is. Writing this at breakfast time, with only caffeine to boost the brain cells, I find it an enjoyable task. Here’s a round-up of brighter news about the nuclear renaissance.

UK U-turn on nukes

In May 2010, nuclear energy professionals in the United Kingdom thought that they felt a record-size headache coming because of the appointment of Chris Huhne as the energy minister of the new coalition government. Huhne, who made his money at Fitch Ratings grading electric utilities, had long been an arch critic of new nuclear power investments. He said in speeches to business groups that his opposition was not political but practical, in that it simply takes too long to see a return from investment in new reactors.

Chris Huhne, UK Energy Minister (Photo: BBC)

Since then, Huhne has executed a complete U-turn as a government minister. Faced with the stark reality that the U.K.’s current fleet of reactors must be replaced in the next decade, he has pushed ahead with an agenda that includes new builds at eight sites.

Huhne, who once described nuclear energy as a “failed technology,” now says that new reactors are needed to keep the lights on.

In a speech in Parliament last week, he noted that nuclear energy will have an essential role in getting the country on track to meet its climate goals and to decrease dependence on oil and gas from the nation’s North Sea oil fields.

On June 23, the U.K. government announced that there are eight sites it says are suitable for building new nuclear power stations by 2025. The sites are Bradwell, Hartlepool, Hinkley Point, Oldbury, Sellafield, Cumbria, Sizewell, and Wylfa. Reactor vendors Areva and Westinghouse are in the process of getting their reactor designs certified in the U.K.

Areva gets a new CEO

While the departure of two-term Areva chief executive officer Anne Lauvergeon generated headlines, missed in the dust up over fission politics was the news that nuclear energy will remain an essential source of energy for France and could be positioned for that role globally. The new CEO, Luc Oursel, said in his first interview with the French news media that “market fundamentals remain unchanged.”

Luc Oursel, Areva CEO (Photo: Areva official web site)

Oursel pointed out that in the next four decades, world population will grow to 9 billion people who will want energy, a decent standard of living, and less carbon emissions to stave off the effects of global warming.

Oursel said, “I remain optimistic about the future of the nuclear industry even if certain decisions to start building new reactors risk being delayed.”

Coincidentally, the French government announced on June 28 that it would beef up spending on nuclear research and development, investing a total of €1 billion (about U.S.$1.43 billion). The investment is needed to continue France’s reliance on nuclear energy, which provides 76 percent of all of its electricity.

Finland invites bids

In an announcement on July 1, the Finnish government said that it has sent bid documents to Areva and Toshiba for responses to build a new nuclear power station. The new plant will need to generate up to 1,700 MW and be ready to produce power by 2020 at a cost of $6-9 billion. Finnish utility Fennovoima said that the power station is being considered for one of two sites on the nation’s west coast, about 600 km north of Helsinki.

A Fennovoima spokesman said that the nation is well aware of the Fukushima crisis, but has decided to go ahead with plans for two new nuclear power stations. The spokesman said that unlike Japan, Finland does not face the threat of similar catastrophic earthquakes and tsunami.

He added that the “pressing needs of Finnish consumers,” who are among the highest per capita users of electricity in Europe, along with a desire for energy independence from Russian natural gas, is the basis for the commitment to the new build.

NRC grants new 20-year licenses to Salem reactors

Map of New Jersey, one of the nation's most urbanized states

Despite a vigorous campaign by anti-nuclear groups in New Jersey, the U.S. Nuclear Regulatory Commission has granted 20-year license renewals to the two reactors in Salem County on the state’s Delaware River bay coastline. The two pressurized water reactors have been operating since 1977 and 1981 and generate just over 1,100 MW each.

According to the Energy Information Administration, New Jersey is one of the 10 largest states in terms of nuclear capacity and generation, accounting for almost 4 percent of the national totals.

Nuclear power produces half of New Jersey’s electricity, making New Jersey one of six states where nuclear power is the primary energy source.

PSEG, which owns a 57-percent share of the reactors, is expected to file an Early Site Permit for a new reactor at the Salem site. Exelon owns the other 43-percent stake in the current operation.

The NRC is expected to issue a decision on license renewal for PSEG’s Hope Creek power station—an 1,161 boiling water reactor—later this year.

NuScale gets funding, recalls some laid off employees

The prospects of small modular reactor developer NuScale Power, out of Corvallis, Oregon, got brighter this week. NuScale has been recalling some laid off employees. It told an Oregon wire service it had obtained “bridge funding” from an undisclosed investor group, allowing the firm to restore about 20 positions.

Last winter the firm’s funding was waylaid by an unrelated regulatory issue with one of its primary investors. NuScale was not named in the U.S. Securities and Exchange Commission review of the Michael Kenwood Group.

Bruce Landry, a spokesman for NuScale, told the wire service that the firm is working to get new investors, which will allow it to move ahead with its plans to develop, license, and market a 45-MW lightwater reactor.

While NuScale has not announced pricing, at a hypothetical cost of $4,000/Kw, a 45-MW plant would cost a utility $180 million. Such a price tag would make the job of producing nuclear energy, with well-understood LWR technology, widely affordable for many smaller utilities that cannot sign up to build 1,000-MW units.

Export markets are attractive to NuScale, which has established marketing efforts overseas, including one in Mumbai, India.

TVA signs letter of intent with B&W for 125-MW SMR

The Tennessee Valley Authority and Babcock & Wilcox announced on June 16 that the two firms have signed a letter of intent that defines project plans to design, license, and build up to six 125-MW mPower small modular reactors at TVA’s Clinch River site in Tennessee.

In a statement, the two organizations said that the first unit could be operational by 2020. TVA plans to submit a construction permit application to the NRC in 2012, and B&W plans to submit a design certification application to the NRC in 2013.

Like NuScale’s 45-MW reactor concept, the B&W SMR design is based on conventional LWR design principles. B&W is developing a system test facility in Roanoke, Va., where it will spend the next three years collecting data on design and safety performance of the reactor.

B&W has often talked in industry conference presentations about a “six pack” approach for utilities, in which revenue from the first unit pays for building the second, and so on. While B&W has not released information on pricing, at a hypothetical cost of $4,000/KW, a single new SMR from the firm would cost $500 million, making the units affordable for mid-size utilities that can’t bet the company on $4-billion 1,000-MW reactors.

Key issues facing licensing of SMRs include how the NRC will address staffing for multiple units, e.g., whether a single control room could manage multiple SMRs. Another issue is how to cost-effectively address security for the units, which are designed to be installed underground.

ANS Embedded Topical on SMRs

With all the good news about SMRs, it is also worth noting here at the ANS Nuclear Cafe that the American Nuclear Society will host an embedded topical meeting on SMRs as part of its winter meeting in Washington, D.C., October 30-Nov 3. The call for papers is out. Here’s a brief summary of the scope of the meeting.

Small modular reactors (SMRs) have been a topic of intense interest since late 2009, when Tom Sanders established the ANS President’s Special Committee. Since then, ANS has supported industry work led by the Nuclear Energy Institute to establish significant momentum toward deployment of SMRs in the next 10 years. Government interest and support has also increased from the NRC, the Department of Energy, and the Department of Commerce to create a fast-paced, ongoing nuclear dialogue among all stakeholders.

The meeting will allow participants to interact and learn about the new wave of SMRs from multiple points of view and will address technical issues, licensing approaches, university and national lab involvement, and plans for commercial realization. ANS recognizes SMRs as a key to maintaining U.S. national security and energy security through generation of clean electricity, as well as meeting the needs of a variety of industrial applications.

—————

Yurman

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

Nuclear Waste Policy Recommendations from Blue Ribbon Commission

By Jim Hopf

On May 13, the Blue Ribbon Commission on America’s Nuclear Future released its draft conclusions and recommendations. Despite its more general sounding title, the commission’s work mostly concerned the nuclear waste issue. It was created by President Obama’s administration primarily to investigate alternatives to the proposed Yucca Mountain repository, after the administration moved to shut that program down. While the commission did release some recommendations on other issues such as advanced reactors and Fukishima, this post will focus on its recommendations concerning nuclear waste policy.

Blue Ribbon Commission’s recommendations

A summary of the key conclusions and recommendations is as follows:

One or more geologic repositories must be sited and developed at some point.

  • No foreseeable future reactor and/or fuel cycle technology will avoid the need for at least one final repository.
  • There is scientific consensus that deep geologic disposal is the best option for final nuclear waste disposition.
  • The process for siting and developing the repository should be objective and scientific.
  • The performance standards for any repository should be set by the Nuclear Regulatory Commission and the Environmental Protection Agency (as they are now).
  • Repository siting should be consent-based, with all levels of government (federal, state, and local) involved in all parts of the process, from the very beginning.

One or more centralized interim storage sites for used fuel should be developed.

  • The fuel would be stored at these sites for up to ~100 years.
  • Such facilities should be developed and licensed using the same standards and methods used to develop a repository.
  • Decommissioned plants should be first in line to have their used fuel taken to a centralized storage facility.
  • There are, however, no technical or safety reasons why used fuel can not be stored at the plant sites, for a similar period.

There should be a sustained, federally supported R&D effort to develop advanced reactors and fuel cycles.

  • While not eliminating the need for at least one repository, such technology development can increase safety, reduce costs, improve resource utilization, and minimize proliferation risks.

A new, independent organization should be created to site and develop the repository and centralized storage facilities, along with any waste storage and transportation infrastructure.

  • The new organization would be more independent of the government (i.e., the Department of Energy).
  • It would have more institutional and programmatic stability.
  • The organization would have assured, steady access to the Nuclear Waste Fund to perform the necessary activities.

Any real answers–or just stalling?

All in all, there is not much in the way of new insights here. The recommendation for long-term used fuel storage (to allow the repository issue to be kicked down the road) was expected from the very beginning. They say that siting of repositories or centralized storage facilities should be consent based, but do not offer much new in terms of solving the (so far) intractable problem of getting such consent. The commission also doesn’t explain how or why it will be significantly less difficult to site centralized storage facilities than it was (or will be) to site a repository. History suggests that it won’t.

Yucca Mountain, north crest

Experience shows that problems with siting always occur at the state level. Many may be surprised to learn that such projects generally have support at the local level (from both the people and the government). As with nuclear power plants, Yucca Mountain enjoyed support in the local, rural communities. The reason for this is that the benefits to the local area, in terms of jobs and tax base, etc., are significant. On the state level, such benefits are much more diluted, but since there is only one repository in the United States, the state still feels singled out and put upon, and has fears of being stigmatized.

My understanding is that in Scandinavia—the one place where consent appears to have been obtained to build repositories—there is no “state” government, just federal and local. Is that a coincidence? I think not.

The one thing the commission recommends that tries to take a stab at the consent problem is the suggestion that the waste be handled by a new “objective” and “independent” organization. Over the years, some distrust has developed between some populations and the DOE (mainly in the West, due to weapons testing, etc.). Getting the DOE out of the picture could help somewhat, but I don’t see it fundamentally altering the situation described above.

The commission also does not do much to clarify any significant benefits of setting up centralized storage facilities, as opposed to just leaving the used fuel in storage at the plant sites. In addition to the significant cost of siting and developing the central storage facilities and moving the fuel there, the waste transport involved will generate significant political resistance. Why would anyone decide to spend a large amount of political capital to do this? As the commission itself states, the risks—and costs—of just keeping the fuel in dry storage at the plant sites is very low.

It appears (to me) that the main impetus behind the centralized storage idea is to appear to be “doing something” about the waste issue, now that the repository has been delayed by decades. My personal view is that this will not happen (due to the lack of any real justification), and the used fuel will remain stored at the plant sites.

Yucca Mountain

The fact that Yucca Mountain was not even considered by the Blue Ribbon Commission is unfortunate. In a highly critical recently released report, the Government Accountability Office (GAO) concludes that the administration’s shutdown of the Yucca program was for purely political (as opposed to scientific or technical) reasons. The GAO also concludes that the Yucca decision will put us back to square one in terms of siting and developing a repository, which will result in decades of delay, as well as wasting most of the money spent so far on the program. It will also result in larger amounts of fuel being stored at plant sites, for much longer periods. For the above reasons, the GAO report recommended that the administration consider restarting the Yucca program.

Many other parties are also bitterly opposed to the abrupt and political termination of the Yucca program. Many assert that the DOE did not have the authority (under the Nuclear Waste Policy Act) to withdraw the Yucca license application, and that the NRC does not have the authority to stop the licensing review. Lawsuits have already been filed. Also, congressional investigations of the NRC and the DOE have started. There is a good chance that the DOE will be ordered to restart the program, or that the NRC will be ordered to finish the licensing process.

In addition to the issues identified by the GAO report, one of the main (if not THE main) impact of starting over on the repository is that it will allow one of the most potent arguments against nuclear energy to live on for decades. A large fraction of the public believes that the nuclear waste problem is intractable, and that there is no technological solution. This is not true. The Blue Ribbon Commission concurred (with the GAO) that the main obstacles to repository siting are political, as opposed to scientific. Despite scientific opinion, until a repository is sited and licensed, many people will continue to believe that there is no solution, which will result in significantly more opposition to new nuclear power plants, and more use of (truly damaging) fossil fuels in the future.

A possible compromise?

The concern raised above has me thinking about a possible compromise on Yucca that could be of some value. While I believe that proceeding with Yucca is the best option, another option (that would be far better than nothing) would be to have the NRC complete the licensing process (and approve the repository, presumably). The administration would then state that although Yucca has been shown to be an acceptable long-term solution, they believe that there are (even) better solutions (e.g., reprocessing) that should be pursued instead. To that end, the fuel will be stored for a few more decades while those other options are explored. If nothing pans out, there is always the (acceptable) Yucca option.

Such an approach would let Nevada get its way in terms of avoiding (or at least greatly delaying) the Yucca repository, but it may go a long way toward alleviating public concerns over the “intractable” nuclear waste problem. It’s possible that this could eliminate most of the opposition to nuclear that is due to waste concerns. Many would argue that Nevada would never go for such a deal, since NRC approval would carry too much political weight in terms of restarting the program. On the other hand, as I discussed earlier, the courts and/or congressional pressure/investigations may end up forcing the NRC to complete the licensing review anyway.

____________________________________________________

Hopf

Jim Hopf is a senior nuclear engineer at EnergySolutions, 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.

Promising developments in Yucca Mountain lawsuit

By Robert L. Ferguson

The D.C. Circuit Court of Appeals heard oral arguments on March 22, 2011, for the lawsuit brought by three private citizens of Washington State challenging the president’s authority to cancel the Yucca Mountain nuclear waste repository.

The north portal at Yucca Mountain

The three-judge panel listened to Washington State assistant attorney general Andrew Fitz and attorney Barry Hartman for the private citizen petitioners Bob Ferguson, Bill Lampson, and Gary Petersen, as they attempted to lay out the merits of their cases. But less than a minute into Fitz’s presentation, Chief Judge David Sentelle interrupted to remind the parties that the court has an obligation to consider cases only if they stem from “final” agency action and are “ripe” for review, referring to the Nuclear Regulatory Commission’s still pending decision on the Department of Energy’s request to withdraw the Yucca Mountain license application.

Circuit Judge Janice Rogers Brown noted that the Atomic Safety and Licensing Board (ASLB), the NRC’s own judicial panel, ruled that the DOE lacked the authority to withdraw the license. Circuit Judge Brett Kavanaugh concurred that it is not yet known whether the NRC will reject considering the Yucca license application.

Jaczko

The ASLB rejected the DOE’s request to withdraw its Yucca Mountain license application on June 29, 2010. The court and petitioners have waited more than 8 months for the NRC’s final decision, which hangs on NRC chairman Gregory Jaczko’s refusal to submit his vote.

Judge Kavanaugh suggested that if the petitioners believe the NRC is stalling, they could file a mandamus action—a prerogative writ that can be issued by a superior court to compel a government officer to perform ministerial duties correctly. Judge Brown added that if the NRC fails to act, this inaction could trigger final agency action.

The government’s attorney—Ellen Durkee from Department of Justice—responded that the NRC’s length of time to consider the ASLB decision had not been that unreasonable. Judge Brown reiterated that petitioners could bring a new action if NRC fails to act.

Judge Brown noted that there is a three-year deadline in the Nuclear Waste Protection Act (NWPA) for the NRC to issue a license for Yucca Mountain, and that the deadline will arrive in either June or September of this year.

Kavanaugh

Judge Kavanaugh asked attorney Durkee whether or not the DOE would comply if the NRC says it lacks the authority to withdraw the license. Durkee responded that they would seek an appeal, but after some additional aggressive probing from Judges Brown and Kavanaugh, she finally said yes, the DOE will comply with a non-appealable decision from the NRC by restarting the licensing process.

Judge Kavanaugh asked Durkee when the NRC will act. She said that the NRC’s general counsel would not tell her about the timetable and that she didn’t know.

Judge Brown criticized the Obama administration for not waiting for the NRC to act before “dismantling” the Yucca project. Durkee said that the DOE was proceeding only with a plan to abandon Yucca, which provoked Judge Kavanaugh to say that what is going on with the Yucca termination is a lot more than just a plan.

At the end of Durkee’s argument, Judge Kavanaugh remarked that “it does seem that the DOE has made a considered decision not to comply with the law passed by Congress,” acknowledging that the DOE’s decision to abandon Yucca Mountain is not in compliance with the NWPA.

Sentelle

Attorneys Fitz and Hartman reminded the court that the private citizens’ petition did not include the NRC, but was aimed at stopping the president and energy secretary from dismantling Yucca, stressing that their actions thus far involved substantially more than withdrawing the license application. Fitz said that the NRC could not compel the DOE to reconstruct the Yucca Mountain Project. In response, Judge Kavanaugh noted that attorney Durkee had said that the DOE would comply with the NRC. Fitz told Kavanaugh that the NRC chairman had instructed his staff to stop work on the Yucca license review, to which Judge Sentelle asked for the authorities to support this conclusion.

Fitz summed up his oral arguments by stating that the license application is only one small part of the overall case. Notwithstanding the NRC’s action or inaction on the license application, the petitioners had a right under section 119 of the NWPA to challenge the final decision of the Obama administration to cancel the Yucca Mountain Project.

Fitz reminded the judges that a final decision was made by President Obama and Energy Secretary Chu on January 29, 2010, at a press conference, where they rejected Yucca Mountain and declared it “off the table” as the site for the nation’s only high-level nuclear waste repository.

Judge Sentelle questioned whether a press release could constitute final agency action.

Obama

Fitz argued that the press release issued by President Obama and Secretary Chu stating their decision to abandon Yucca Mountain could be considered a final action that permitted the court to review the merits, citing that the case of CropLife America v. Environmental Protection Agency as on-point in establishing the precedent that a press release could be viewed as a final agency action. In that case, the D.C. Court of Appeals determined that a directive issued by the EPA in a press release was a binding regulation.

Two Important New Developments

McKenna

Events since the March 22 oral arguments provided the petitioners with the authorities requested by Chief Judge Sentelle to satisfy the ripeness argument regarding the NRC’s “final agency action.” The petitioners submitted the following supplemental authorities through a letter to the court sent by the attorney general of Washington State, Rob McKenna.

First, the testimony of NRC chairman Gregory Jaczko, given on Thursday, March 31, 2011, before the Energy and Water Development Subcommittee of the House Appropriations Committee, provided an answer to the court’s question of whether matters before the NRC rendered the DOE’s decision non-final or unripe. In his testimony, Chairman Jaczko stated:

“It is not the responsibility of this body [the NRC] to require the DOE to move forward or not move forward with a particular program or a program direction. Our job is licensing. That is the function and responsibility of this body. And no more than you would expect the fire marshal to go in and tell a developer to continue developing a building so that they can conduct their fire inspections should we be expected to be in a position of demanding or requiring the Department of Energy to move forward with a program.”

The chairman has thus admitted that the NRC has no authority to compel the DOE to comply with the NWPA. That authority lies with the Washington, D.C. Circuit Court of Appeals. By the NRC’s own admission, there is no decision for the NRC to make regarding the two issues pending before the court; that is, whether the DOE may reject Yucca Mountain and abandon all efforts to develop it, and whether the DOE may specifically abandon the licensing process. The DOE’s decision is final and ripe. Respondents’ representations in litigation do not change this finality.

Second, on April 1, 2011, another precedent was set by the D.C. Circuit Court of Appeals in a decision rendered by Chief Judge Sentelle regarding CSI Aviation Services v. the U.S. Department of Transportation, using the CropLife America case as precedent.

The court may reach a decision as early as the end of May.

Help from Congress…Finally

Chu

Another welcome development in the battle for Yucca Mountain is the announcement on March 31 that the House of Representatives’ Energy and Commerce Subcommittee on Environment and the Economy is launching an investigation into the Obama administration’s efforts to shut down and dismantle the Yucca Mountain Project.

Upton

The Subcommittee notified Secretary Chu and Chairman Jaczko that it is investigating the decision-making process to terminate the Yucca Mountain nuclear waste repository.

After reviewing available evidence indicating that there was no scientific or technical basis for the DOE’s request to withdraw the Yucca Mountain license application, Energy and Commerce

Shimkus

Committee Chairman Fred Upton (R., Mich.) and Environment and the Economy Chairman John Shimkus (R., Ill.) are representing Congress in a demand for answers about the administration’s decision to halt development of the only U.S. site designated by Congress for permanent disposal of high-level nuclear waste from nuclear weapons production and retrievable storage of spent nuclear fuel.

Upton and Shimkus stated that Japan’s nuclear crisis has underscored for them the urgent need for the United States to pursue a coherent nuclear policy, stating:

“Despite the scientific community’s seal of approval, extensive bipartisan collaboration, as well as nearly three decades and billions of taxpayer dollars spent, this administration has recklessly sought to pull the plug on the Yucca repository without even the sensibility of offering a viable alternative.”

____________________________________________________

Ferguson

Bob Ferguson, a former Department of Energy deputy assistant secretary for nuclear energy, still believes in nuclear energy’s potential to power the United States. His career in nuclear energy spans more than 50 years, from the Atomic Energy Commission to the DOE, and then private nuclear industry. He also believes that the nuclear waste issue must be resolved before the United States can embrace a nuclear energy renaissance. Therefore, on February 25, 2010, Ferguson and his two colleagues filed a lawsuit against President Barack Obama and Secretary of Energy Steven Chu challenging their authority to abandon and dismantle the Yucca Mountain nuclear waste repository.