Category Archives: spent fuel

ANS Chicago Local Section welcomes Dr. Mark Peters

What’s Next For Used Nuclear Fuel and Nuclear Waste Management Policy?

On the evening of January 16, the Chicago local section of the American Nuclear Society welcomed distinguished guest speaker Mark Peters, Ph.D., deputy director for programs at Argonne National Laboratory. A dinner meeting was held at the ANS headquarters building. Peters addressed the section on the future of US policy concerning used nuclear fuel and nuclear waste management, a topic area for which he is a nationally recognized expert (short bio).

Mark T. Peters, Ph.D.

The topic could not have been more timely, as the US Department of Energy on Friday, January 9, released a response to the Blue Ribbon Commission on America’s Nuclear Future recommendations on nuclear spent fuel and nuclear waste policy, broadly endorsing the commission’s findings and in effect outlining a new strategy for US nuclear waste disposal.

Chicago Local Section Chair Totju Totev, Ph.D.

Over 40 were in attendance to hear Peters provide a background on US spent fuel and waste storage policy history, and a detailed update on current status—including Yucca Mountain and other ongoing nuclear waste legal challenges. Often Peters paused the presentation to enable spirited Q&A discussions on many aspects of the topic. (As an aside, many in attendance advocated a “closed nuclear fuel cycle“—while this is not current policy in the United States, Peters noted that continued R&D is important to develop the viability of this option for the future.)

Getting ready for presentation

“It was a pleasure to address the ANS Chicago Local section on this vitally important topic,” Peters said after the event. “Many members in the section are involved in advancing research and development in the nuclear fuel cycle, and I was pleased to discuss the history of and ongoing discussions on US policy concerning spent fuel and nuclear waste management.”

Peters’ presentation slides linked here.

Chicago Local Section Secretary Justin W. Thomas, Ph.D.

Periodic dinner meetings such as this one are hosted by many ANS local sections on a regular basis. See map of ANS local  sections for contact information in your geographic area.

Dr. Totev and Dr. Peters

Blue Ribbon Commission on America’s Nuclear Future website here.

Peters’ Testimony to U.S. House of Representatives on behalf of ANS concerning recycling used nuclear fuel.

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Nuclear Matinee: Powering America – Managing Nuclear Waste

The nuclear energy industry is the only large-scale energy producer responsible for managing and storing (and paying for) all the wastes generated by the process [in contrast to, for example... dumping wastes into the atmosphere].

This short video takes viewers inside the system for handling spent nuclear fuel, and explores the option of recycling and reprocessing to aid in resolving the long term storage issue.

Thanks to The Heritage Foundation for the video. We also highly recommend the full documentary on America’s nuclear power industry at http://heritage.org/poweringamericafilm/.

Nuclear Cafe Matinee: Nuclear Recycling in 4 Minutes

The 800 billion kilowatt-hours of electricity produced by the 104 nuclear reactors in the United States each year – all while emitting no greenhouse gases — is by far America’s biggest source of green energy.  And this abundant energy source can become even greener by recycling used nuclear fuel.

Currently, only about five percent of the uranium in a nuclear fuel rod gets fissioned for energy; after that, the rods are taken out of the reactor and put into storage. There is a way, however, to use almost all of the uranium in a fuel rod. Recycling the uranium in used nuclear fuel could power the United States for a thousand years, just by using the uranium we’ve already mined, and all of this energy carbon-free.

This excellent short video from Argonne National Laboratory explains how.

And now… you too can regale your friends and others at holiday parties with pontifications about pyroprocessing!

Thanks to Argonne National Laboratory, and for more information visit Argonne Nuclear Energy.

ANS International High-Level Radioactive Waste Management Topical Meeting

Integrating Storage, Transportation, and Disposal

The 2013 ANS Topical Meeting on International High-Level Radioactive Waste Management will be held April 28–May 2, 2013, at the Albuquerque Marriott in Albuquerque, New Mexico.

The meeting is a forum for discussion of the scientific, technical, social, and regulatory aspects of the entire “back end” of the nuclear fuel cycle, including waste generation, transportation, storage, treatment, disposal, facility remediation, regulation, and stakeholder involvement.

The conference is an opportunity for an exchange of information on current topics of interest among international participants in nuclear waste activities.

Intended participants and audiences include individuals working on all aspects of irradiated fuel and high-level waste management such as geologic waste-disposal systems, interim storage systems, spent nuclear fuel reprocessing systems, transportation systems, facility remediation systems, the governmental and private organizations using these systems, regulators, and those involved in scientific and societal issues related to policy questions for these systems.

Register Now

Hotel Reservations (attendees should identify themselves as part of the American Nuclear Society to receive the group rate)

See the International High-Level Radioactive Waste Management meeting page for preliminary program and more details. We hope to see you in Albuquerque.

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Spent Fuel Pool at Oyster Creek

By Will Davis

As the Eastern half of the United States falls under siege by Hurricane Sandy and combined weather fronts—which together are being termed ”Frankenstorm”—the nuclear community is targeted by nuclear opponents keen on capitalizing on this severe weather event. A recent piece quoting Arnold Gundersen asserts that Oyster Creek Nuclear Generating Station is facing serious problems should it lose offsite power, saying essentially that the plant will be unable to provide cooling for the spent fuel in its spent fuel pool.

This allegation is without merit.

This document—a memorandum from the Nuclear Regulatory Commission  staff to the then-operator of Oyster Creek—spells out the spent fuel pool (SFP) cooling arrangements in place back in 2000. It includes the following description of the SFP cooling arrangements:

Make up water to the SFP is normally provided by the condensate system from the condensate storage tank (CST) which has a nominal capacity of 525,000 gallons. The condensate pumps can provide 250 gallons per minute (gpm) with one pump operating or 420 gpm with two pumps. Additional makeup can be provided from the demineralized water storage tank (nominal capacity 30,000 gallons) by connecting the demineralized water transfer pumps to the SFP with hoses. The fire protection system can also provide makeup from the fire pond to the CST using the 2,000 gpm diesel driven fire pumps through a permanent connection.

The SFPCS {Spent Fuel Pool Cooling System} removes decay heat from fuel stored in the SFP through its associated heat exchangers to the reactor building closed cooling water (RBCCW) system. The SFP water is maintained within its TS limits by these systems. The SFPCS consists of two SFP pumps, two SFP shell and tube heat exchangers, two augmented fuel pool pumps, and one augmented fuel pool plate and frame heat exchanger. In addition, the SFPCS also includes interconnections with the condensate demineralizers and the condensate systems which filter and demineralize the SFP water as well as provide makeup water to the SFP. The SFPCS operates continuously to maintain the SFP water temperature at or below the Oyster Creek TS limit (maximum of 125 degrees Fahrenheit (F)).

As we can see, a total loss of offsite power (LOOP) scenario has clearly been considered—otherwise, diesel fire pumps would not have been mentioned.

Oyster Creek Nuclear Energy Facility

Plants designed to handle spent fuel pools during loss of offsite power

Oyster Creek, like all other operating U.S. nuclear plants, was built to design considerations (10 CFR 50 Appendix A) that set limits on design that includes the protection of spent fuel pool from events both man-made (operational) and natural. The plant has been designed to handle the full heat load of the spent fuel placed in the pool—even with a loss of offsite power.

Spent fuel pool cooling has received greater attention since the Fukushima Daiichi accident; during that accident and for some time after, many had wrongly assumed and asserted that the spent fuel pools were in dire condition. In fact, some even claimed that Fukushima Daiichi Unit 4 was going to collapse and that the spent fuel was going to trigger a cataclysm. Those allegations were refuted at the time, multiple times,  and have been proven false.

Even though early post-Fukushima assumptions about spent fuel pools were overly unrealistic, the NRC has emphasized SFP cooling and level measurement as a part of its post-Fukushima action plan. Many experts and the Nuclear Energy Institute consider this approach sensible. NEI points out, however, via NEI Nuclear Notes that moving SFP actions to Tier 1 in no way implies that operating U.S. nuclear plants aren’t already safe. Read that post here.

The Safety Evaluation Report related to license renewal of Oyster Creek at the NRC contains the following information about Oyster Creek’s spent fuel cooling system:

The SFPCS (Spent Fuel Pool Cooling System) is designed for both normal and accident conditions of loss of offsite power coincident with a single active component failure.  The augmented SFPCS is designed to provide a seismically qualified cooling loop capable of providing cooling during such conditions.

As if that were not enough:

Exelon – Oyster Creek Safety and Emergency Planning Fact Sheet

Clearly, there is provision for SFP cooling at Oyster Creek using two SFP systems—the one that was originally installed and an augmented system installed when the pool capacity was increased—and also it’s a fact that the plant, like all others in the path of the storm, is and has been well aware of the approach of this storm and has even more personnel (and NRC inspectors) on site than usual, making full preparation for any event. “Any event” includes extended loss of offsite power.

Oyster Creek has multiple cooling systems for spent fuel pool

UPDATE:  Exelon has re-confirmed to the American Nuclear Society by telephone and e-mail that Oyster Creek does in fact have numerous, redundant cooling systems for the spent fuel including closed-loop and service water systems. Exelon tells us that if required, two locomotive–sized diesel engines are ready and standing by should offsite power be lost, to provide power to those two backup systems during the refueling outage should an extended LOOP scenario arise.

Exelon has, as expected by many, declared an Unusual Event at Oyster Creek due to the rising water levels. Below are excerpts from Exelon’s press release on this declaration (emphasis added):

 Oyster Creek Generating Station Declares Unusual Event

Lowest of four NRC emergency action levels reached due to high water levels

Forked River , NJ (October 29, 2012) Exelon Nuclear declared an “Unusual Event” at Oyster Creek Generating Station at 7 p.m. today after water levels in the plant’s intake structure reached higher than normal levels.

This is an anticipated declaration required by procedures and is the result of Hurricane Sandy’s impact on the region. There is no challenge to the safety of the plant. Oyster Creek is currently shut down for planned maintenance and refueling.

Oyster Creek is a robust and fortified facility, capable of withstanding the most severe weather. When the storm was identified, operators performed a host of plant inspections to ensure that all safety systems were operational and that outside equipment and materials were properly secured.

An Unusual Event is the lowest of four emergency classifications established by the U.S. Nuclear Regulatory Commission. There is no danger to the public or plant employees associated with this declaration.

Exelon Nuclear has notified all appropriate federal, state and local emergency response officials of the Unusual Event.

Oyster Creek is about 60 miles east of Philadelphia in Ocean County, New Jersey. The plant produces 636 net megawatts of electricity at full power, enough electricity to supply 600,000 typical homes, the equivalent to all homes in Monmouth and Ocean counties combined.

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For more information

Below is a brief video interview with the Nuclear Energy Institute‘s Everett Redmond, director of Nonproliferation and Fuel Cycle Policy. He breaks down in straightforward language the purpose and design of spent fuel pools to store used fuel at nuclear energy facilities. This is a basic overview that does not address specific nuclear energy facilities.

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Will Davis is a writer and Social Media consultant for ANS, is a Contributing Reporter to Fuel Cycle Week, owns and writes the Atomic Power Review blog, and is a former US Navy Reactor Operator, qualified on S8G and S5W reactor plants.

ANS staff members also contributed to this report and compiled additional resources for readers.

Update on Nuclear Waste Confidence Court Ruling

By Jim Hopf

As I discussed in a June 20 ANS Nuclear Cafe post, a federal appeals court rejected the Nuclear Regulatory Commission’s new nuclear Waste Confidence rule, and ordered the NRC to perform a more thorough evaluation that addresses potential risks and health and environmental impacts of very long term storage of nuclear waste at nuclear sites (until a final disposal option is developed).

As discussed in that post, anti-nuclear organizations were hopeful that the court ruling would lead to a halt in NRC licenses for new plants and plant life extensions, while others believed that the impact would be minor, the main result simply being more work to be done by the NRC. Recent events have shown both sides to be right, to some degree.

NRC’s response to the court ruling

In September, the NRC instructed staff to develop an environmental impact statement (EIS) to evaluate very long term storage of used nuclear fuel, and a revised Waste Confidence ruling. The NRC expects to complete the work in ~24 months. The NRC’s analysis will address issues raised by the court, including the impact if a repository is never built, as well as risks to spent fuel pools from leaks or fires.

The upshot is that the NRC believes that it can address the issues raised by a court, within a reasonable time period.

Suspension of licensing activity

On the other hand, and to the delight of nuclear opponents, the NRC also announced that it will not issue any final licenses for new nuclear power plants or 20-year life extensions (for existing plants) until the revised EIS and Waste Confidence ruling are completed and the court’s issues are addressed.

The NRC’s decision appears to affirm the nuclear opponents’ position that new plants or extended operation of existing ones cannot be justified in the absence of a valid Waste Confidence determination. On the other hand, most experts (as well as the NRC) believe that the issue can be resolved with additional analysis and evaluation. At worst, some additional measures and costs may be involved, such as moving more fuel from spent fuel pools to dry storage casks, spent fuel pool modifications and upgrades, more rigorous long-term monitoring of dry storage casks, or the possibility of repackaging stored spent fuel, if necessary.

Limited impact

As serious as it sounds, the impacts of the suspension of licensing are minor to non-existent, at least over the short-to-mid term.

For both new plants and plant life extensions, the NRC has stated that it will continue with all on-going work on license applications. The NRC will simply not formally release any final licensing decisions. Thus, the NRC’s completion of work related to any license applications will not be delayed. The only parties that would be affected are those that were expecting final licensing decisions over the next ~two years.

With respect to new plants, both of the reactor projects at Vogtle, in Georgia, and Summer, in South Carolina, can still go forward, since they have already received their final construction and operating licenses (COLs). A few other plant projects (e.g., the Levy project in Florida) are in the licensing process, but most if not all of these other projects are currently planning to only obtain the license, and have not decided (yet) to proceed with construction. It is unlikely that any projects other than Vogtle and Summer would have decided to start construction over the next two years anyway (for several reasons, including lack of demand for new capacity and low natural gas prices). Thus, the two-year hiatus in (final) licensing decisions is not expected to have any impact on new plant projects.

With respect to existing plants, there are several plant life extension applications before the NRC. In theory, there are many such applications that would be affected by the two-year licensing freeze. However, plants are allowed to keep operating while life extension applications are in NRC review (and would only be required to shut down in the event of a formal rejection of a life extension application by the NRC). Thus, the freeze in final licensing decisions will not result in any plant shutdowns, or any other impacts on such plants.

For the above reasons, the two-year freeze in final licensing decisions by the NRC is not expected to have any impact on the industry. The only potential impact will come ~two years from now, after the completion of the revised EIS and Waste Confidence ruling, in the form of additional requirements related to used fuel storage.

My perspective

As I discussed in my earlier post, I find the court’s characterization of stored used nuclear fuel as a significant public health and environmental risk to be absurd, given the perfect, several-decade record of (dry and wet) fuel storage, and the lack of potential impact from dry fuel storage casks under any scenario. Unlike, say, fossil-fueled power generation, stored nuclear fuel has never had any impact at all on public health or the environment, and almost certainly never will.

As for the environmental impact analysis, I can sum it up in one sentence: “The public health risk and environmental impact from extended storage of used nuclear fuel is negligible compared to the impacts of the fossil-fueled power generation that would be otherwise used, in place of nuclear generation that was shut down or never built due to lack of ‘confidence’ in used fuel storage.”

I’m still waiting on a similar “waste confidence” evaluation for fossil-fueled plants, or a plan to capture, contain, and store all of their wastes/pollutants, for as long as they remain hazardous. How can our society get it so backwards in terms of which energy sources have a serious, intractable “waste problem”, and which source is the only one with a valid, acceptable long-term plan?

I work in the dry storage area, and I know that the maximum potential release from a dry storage cask that could result from any form or system degradation, any type of accident, or (even) any potential terrorist attack, would not have significant off-site consequences (certainly nothing that would approach even the daily impact from U.S. fossil-fueled generation).

We have already started detailed evaluations of the issues related to very long term dry fuel storage. Currently, opinion is that no significant degradation of the fuel assemblies is expected to occur, even over 100 years or more of dry storage. As the fuel decays, temperatures inside the cask will decrease (as will radiation levels). This reduces the driving force behind many potential fuel assembly degradation mechanisms. The metal components of dry storage systems, including the canisters that contain the assemblies, are expected to hold up well (and already have, over decades of storage). Whether the concrete vaults/silos (storage casks) that the canisters are placed in will be able to hold up over the very long term is somewhat less clear. That would be a problem that is easily solved, however, as the inner canister could simply be extracted and placed within a new concrete container.

Based on my dry storage experience, it seems to me that, along with (possibly) requiring some spent fuel pool upgrades, all the NRC should have to do to adequately resolve the court’s concerns is require some additional monitoring of dry storage casks, along with (perhaps) some additional money to be set aside by utilities to cover any potential issues that may occur down the road (including the possibility of some repackaging, decades from now).

One thing that should be obvious is that storage of used nuclear fuel is “acceptable”, even if it is assumed to remain on the nuclear plant site indefinitely, since any public health risks and environmental impacts are negligible compared to those associated with fossil-fueled power generation (gas as well as coal).

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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.

ANS Friday Matinee: Eric Loewen at Arthur M. Sackler Colloquium

The Arthur M. Sackler Colloquia addresses scientific topics of broad and current interest that cut across the boundaries of traditional disciplines. “The Science of Science Communication” was a Sackler Colloquium interdisciplinary scientific meeting held at the National Academy of Sciences in Washington, D.C., on May 21–22, 2012. At this meeting, American Nuclear Society Past President Dr. Eric Loewen addressed the other “three R’s” of [nuclear] education:  Radiation, Reactors, and Residuals.

More featured speakers at Sackler Colloquia’s video channel.

Some Big Changes in Vermont

By Howard Shaffer

Since the previous View from Vermont posted June 12, courts have issued several decisions that will have a major effect on nuclear power nationally, and on the Vermont Yankee nuclear power plant in particular. The Supreme Court ruling on the Affordable Health Care Act has moved attention from these important federal court decisions, which otherwise would have received more publicity (outside of Vermont).

Three main rulings covered the following topics:

  • A lawsuit challenging the legality of the Vermont Yankee license extension issued by the Nuclear Regulatory Commission.
  • Refunding spent fuel storage costs nationally.
  • The “used fuel confidence” rule of the NRC.

Meanwhile, Vermont Yankee’s opponents staged another rally at the plant’s gates, with planned arrests.

And meanwhile, plant supporters continue to spread the positive message about Vermont Yankee and nuclear power.

The challenge to Vermont Yankee’s license

The State of Vermont and intervenors sued the NRC in federal court, claiming that the NRC issued Vermont Yankee’s 20-year license extension illegally. The plaintiffs asserted that the license extension was invalid because the plant has no valid water discharge permit.

The court of appeals dismissed the suit on procedural grounds. The court noted that there were six opportunities for the state to raise the issue during the licensing process. These opportunities were not used. The court said that all administrative avenues must be used before coming to the courts.

In other words, waiting until the license is issued, and then hoping the court will issue a “gotcha,” won’t work. Commentators expect that the Supreme Court would not accept a challenge to a circuit court decision on procedural grounds, when there is no disagreement between circuit courts and no larger issue involved:

Appeals court hands NRC a victory in Yankee license case

Miller

Commissioner Miller, chair of the Department of Public Service, argued the case:

State loses another legal round in Vt. Yankee relicensing

 

This decision was reported in the Valley News, our local paper, on the back of the front page, at the bottom. This area contains short, single paragraph articles of local interest. The Valley News does not support Vermont Yankee. If the plant had lost, it would have been a front-page story.

Yes Vermont Yankee has a great post about the ruling:

Vermont loses lawsuit against NRC about water quality permit

Used fuel storage cost refund

Vermont Yankee sued the federal government to recover the cost of storing used fuel on site. Other plants have filed similar suits. The plants claim that they have been forced into unnecessary costs because the federal government has not fulfilled its legal obligation to take custody of the fuel and remove it.

The court ruled for Vermont Yankee, and allowed almost all of the costs. What is of note in the Vermont Yankee case is that the state had put a special assessment on Vermont Yankee when the plant needed to build a concrete pad for dry cask storage. About this, the court said it would not be inappropriate to describe the high fee the state charged for construction of the concrete pad for storage of the dry casks for the used fuel as “blackmail”(!)

We will certainly hear more about “blackmail” in the fall election campaign. Vermont’s governor Peter Shumlin, a committed opponent of the plant, is up for reelection at the end of his two-year term.

Waste confidence rule

A federal circuit court decision found that the NRC’s waste confidence rule is not valid, because the NRC did not provide an adequate environmental impact statement for long-term storage. This decision is for all plants, not just Vermont Yankee, and will not affect Vermont Yankee immediately. The plant already has its 20-year license extension, so there is no pending NRC license to be stayed. However, there has been editorial commentary based on this ruling, and we can expect opponents to bring this up during the State Public Service Board hearings on the required Certificate of Public Good next year.

The State Public Service Board

Under Vermont law, the Vermont Yankee plant requires a Certificate of Public Good from the Vermont Public Service Board to operate. The original certificate expired on the same day as the expiration of the original NRC license.

The plant continues to operate under the original certificate because it had applied for a new one, and the proceedings are still in progress. The board had actually completed its proceedings several years ago, but was blocked from releasing them by a state senate vote that led to the Entergy v. Vermont lawsuit. The senate action was found illegal by the federal district court in January. The state has been enjoined by the court from acting to shut down the plant while the decision is appealed.

The board has set a schedule with proceedings finishing in August 2013, with their decision to follow. Entergy just filed a motion with the board suggesting the limits of the proceedings. Since the board cannot consider safety, or anything related to safety, or veiled attempts to imply safety, there is a real question about the proper scope of the proceedings. The board will hold a public hearing in Vernon, the plant’s hometown, in November.

The intervenors are expected to file their own opinions on the board’s proper scope. As a public radio reporter called it, intervenors are looking for any “hook” they can find to limit the plant’s power or shut it down. Vermont Yankee’s opponents are eying a requirement for year-round use of the existing cooling towers as a way of limiting the plant’s power. This was a partially successful tactic recently at the Oyster Creek nuclear plant in New Jersey.

Some things stay the same: The opponents

The various local opponents groups, banded together during the last year as the Safe and Green Alliance, have not slackened their efforts to keep the Vermont Yankee opposition story in the news. They staged a protest event on Sunday, July 1.

Among other proceedings, a large “Trojan Cow” (600 lbs) was unloaded at the plant’s gates. The event received lots of free publicity from several newspapers, as opponents have become very good at this. In the Brattleboro Reformer, a state trooper was quoted as saying that the state was doing “due diligence” to shut the plant down, but the troopers had to do their own due diligence and arrest the protesters:

Protesters arrested at Vermont Yankee gates

Capt. Ray Keefe of the Vermont State Police said that there’s been a long relationship with the organizers and various police agencies to ensure that things run smoothly.

Cow attacks Vermont nuke plant (video)

Meredith Angwin has a stinging commentary about the protest at Yes Vermont Yankee:

Vermont Yankee protest: low turnout and low intelligence

A regatta is planned for August 18, with the objective of publicizing the plant’s use of the river.

And the supporters

There is no slackening of effort on the part of the plant’s supporters. For example, opponents always refer to the plant’s emergency planning zone (EPZ) as the “evacuation zone.” In a recently published letter, Dick January, now on the plant engineering staff, described another “EBZ”: the economic benefit zone.

The Vermont Yankee economic benefit zone

Dick is a long-time activist, going back to our days at the Yankee Atomic nuclear power plant and the Massachusetts shutdown referendum. His letter nicely shows that the Vermont Yankee plant is a very big economic benefit to the surrounding tri-state communities.

In fact, according to a member of the local chamber of commerce, this was one of the original justifications for locating the plant where it is. This fact will undoubtedly be raised again by supporters during the upcoming Public Service Board proceedings for a Certificate of Public Good.

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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.

Facts and fears at NRC public review in Vermont

By Howard Shaffer

View from VermontVermont Yankee’s annual NRC performance review for the previous calendar year was held May 23, in Brattleboro Union High School, within 10 miles of the plant. In previous years, annual reports and state meetings have been held here, and in the Vernon Elementary School, across the road from the plant. The town of Vernon stopped hosting plant-related events due to behavior of some attendees.

This year’s meeting was in two parts. The first was set up like a science fair, with displays and the opportunity to move from one exhibit to another to talk individually with presenters. The second part of the meeting was held in the same room after the removal of displays, with a traditional setup of chairs for attendees, a table and chairs for NRC officials, and a moderator to manage a Q&A session. Events during this second part of the meeting were covered in “The Politics of Intimidation.”

An important display

BWR MK I Containment and Reactor Building, showing location of used fuel

One of the displays in the “science fair” part of the meeting was a cutaway model of Vermont Yankee’s reactor building. The model showed the fuel pool wall and liner depicted with clear plastic. In the pool were models of fuel assemblies, and the walls were blue to show the location of the water. This model clearly demonstrated that the fuel is several stories below the refueling floor, behind a thick outer wall, the thick pool wall, and pool liner. Obviously a great deal of work and expense had gone into this model. It seems to have been made to address one of the issues that “anti-nukes” continually raise against boiling water reactors with the MK I containment: an alleged vulnerability to aircraft attack by intentional collision.

An attempt to explain

As I approached the table with the model, a member of the public was examining it. Behind the table was the staff member assigned to explain it to the attendees. I joined the conversation. I mentioned my background as a startup engineer at the plant and pointed out that the fuel is behind very thick walls, as shown in the model. Also, the top of the pool is at the refueling floor level, and the water surface just below, as clearly shown in the model. It was pointed out an aircraft would not be a good “battering ram” against the reinforced concrete walls.

The reaction

Walking away with the member of the public  toward the next display, I continued to explain that the industry had carefully studied the effects of intentional large plane crashes into plants. The study found that the only parts of a large commercial jet of concern are the engines. The turbine shaft acts like a spear. The rest of the plane is only a little more than heavy duty aluminum foil, when a plane is used as a battering ram. The tragic crash at the Pentagon on 9/11 proved that.

Stopping, turning, and looking at me, I could see the fear in this person’s eyes as she said “I don’t buy it.”

Enhancing fear

During the second part of the meeting, nearly all the speakers were opposed to Vermont Yankee and nuclear power. Many statements and questions raised or reinforced fears.

One speaker listed all the core damaging accidents in the history of nuclear power, then said that the frequency was much more than had been predicted and “promised.” As I recall from hearing Professor Rassmussen describe the results of his work [WASH-1400 "Reactor Safety Study" (1975)], the frequency he stressed was for core damaging accidents resulting in releases to the public. Core damaging accidents not resulting in releases to the public would be expected to be more frequent. After the Three Mile Island accident he reviewed his report, and found that an accident like TMI was predicted to have already happened before then!

A calm request

Former State Representative Sarah Edwards, from Brattleboro, complemented the opponents for being there, and for being persistent. She said that she had visited Waterford, Yucca Mountain, WIPP, and Oak Ridge, and was on the Vermont State nuclear advisory panel; all while a member of the legislature. She asked that used fuel in the pool be moved to dry casks as soon as possible. Edwards said that she understood that used fuel had to stay in the pool for five years after being discharged form the reactor. As I understand it, this request could be fulfilled, once the Vermont Public Service Board modifies the plant’s Certificate of Public Good. Currently, the plant is approved only for dry cask storage sufficient to reach the end of the original 40-year license—which was this past March.

The future

On June 4, the State of Vermont filed an appeals brief in the US Second Court of Appeals, as expected. The consensus is that this case, Entergy v. Vermont, will go to the Supreme Court.

The Vermont Public Service Board is conducting an examination for a new Certificate of Public Good for Vermont Yankee. There will be a public hearing in November in Vernon, the plant’s location.

End note

David Ropeik, former Boston environmental journalist and expert in risk communication at the Harvard School of Public Health, is well known to the American Nuclear Society’s Northeastern section, having spoken at and attending our meetings over the years. His recent article on “what controls what we think” is highly worthwhile reading. The feelings and behavior at the NRC’s May 23 meeting confirm his conclusions.

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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.

ANS’s Mark Peters testifies to Congress on recycling used nuclear fuel

On  Wednesday, June 6, Dr. Mark T. Peters appeared on behalf  of the American Nuclear Society before the U.S. House Foreign Affairs Subcommittee on Asia and the Pacific.  Peters is the Deputy Laboratory Director for Programs at Argonne National Laboratory and testified at the invitation of the subcommittee.

The  hearing is titled “What’s Next for the U.S. – Korea Alliance.” Additional information, including all prepared testimony,  is available via the Committee website. Peters’ prepared testimony is below and can be downloaded in PDF format by clicking HERE.

 Recycling Used Nuclear Fuel: Balancing Energy and Waste Management Policies

Testimony to U.S. House of Representatives
Committee on Foreign Affairs
Subcommittee on Asia and the Pacific

Mark T. Peters, American Nuclear Society
June 6, 2012

My name is Mark Peters, and I am the Deputy Laboratory Director for Programs at Argonne National Laboratory. However, today I am speaking on behalf of the American Nuclear Society; my remarks should not be considered as an official statement from Argonne or the Department of Energy.

Peters

I appreciate this opportunity to present the views of the American Nuclear Society (ANS) on used nuclear fuel recycling as a means to achieve an integrated solution to energy and waste management policy. The ANS is a not-for-profit, international, scientific, and educational organization with nearly 12,000 members worldwide. The core purpose of ANS is to promote awareness and understanding of the application of nuclear science and technology. The ANS also wishes to acknowledge its longstanding professional collaboration with the Korean Nuclear Society (KNS). For more than 40 years, our two organizations have worked together to promote the safe and secure use of nuclear technology and materials.

For decades, the United States has grappled with the multiple challenges of crafting a long-term solution for the management of used nuclear fuel. These persistent challenges have taken on new urgency in the wake of the accident at Japan’s Fukushima Daiichi nuclear power plant, which has focused international attention on used nuclear fuel storage. Although the challenges of waste management require close scrutiny, these issues are most effectively considered within the context of an integrated policy for nuclear energy and nuclear waste management. Unfortunately, the United States is unique in its lack of such an integrated policy. Most other nations that rely on nuclear energy, including France, Russia, China, Japan, and Republic of Korea, have policies in place that promote development of used fuel recycling and advanced fast reactors, in order to ensure the long-term sustainability of their nuclear investments. We must consider our nuclear energy technology collaborations and partnerships within this global context.

At present, the United States’ strategic investments in advanced nuclear energy technologies are lagging; as a result, we rely increasingly on collaborative arrangements with foreign research institutions to conduct research in these areas. These collaborations provide advantages to both parties, and the United States has benefited from them. However, close alignment between government and nuclear industries in these nations speeds the international deployment of these cooperatively developed technologies, such as used fuel recycling and fast reactor technologies, while the United States has moved much more slowly in its adoption of them.

The Republic of Korea has publicly expressed its interest in incorporating electro-metallurgical reprocessing technology, commonly known as “pyroprocessing,” into its long-term nuclear fuel cycle plans. Pyroprocessing offers several potential benefits over current aqueous recycling techniques, such as the PUREX process being used in France and Japan today. These include the ability to recover minor actinides, which otherwise contribute significantly to the long-term radiotoxicity of used nuclear fuel; fewer releases of fission gases and tritium; and, the lack of production of pure plutonium, which helps to address proliferation concerns. Clearly, there will be engineering challenges inherent in the development of pyroprocessing technology, as there are with any other advanced manufacturing processes. However, these challenges can be addressed through joint research and development activities, and solving these challenges will have important implications for the United States as well as the Republic of Korea.

The American Nuclear Society believes that nuclear fuel recycling has the potential to reclaim much of the residual energy in used fuel currently in storage as well as used fuel that will be produced in the future, and that recycling offers a proven alternative to direct disposal of used fuel in a geological repository. In other nations, recycling of nuclear fuel with proper safeguards and material controls, under the auspices of the International Atomic Energy Agency (IAEA), has demonstrated that high-level waste volumes can be reduced safely and securely while improving the sustainability of energy resources.

It is the opinion of the ANS that the United States should begin planning a thoughtful and orderly transition to nuclear fuel recycling in parallel with the development of a geologic repository. Recycling would enhance the repository’s efficiency, eliminating the need for most complex and expensive engineered barriers and reducing the timeframe of concern from more than 100,000 years to a few hundred years.

The ANS also believes that the United States should accelerate development of fast spectrum reactors, which are uniquely capable of generating energy while consuming long-lived waste. Six decades ago, on December 20, 1951, scientists and engineers from Argonne National Laboratory started a small electrical power generator attached to an experimental fast reactor, creating enough energy to power four 200-watt electrical bulbs. That historic achievement demonstrated the peaceful use of nuclear energy and launched today’s global commercial nuclear energy industry. But it should not be overlooked that the first electricity generated through nuclear energy was produced using a fast reactor.

In closing, let me reiterate that the ANS believes that nuclear energy has a significant role to play in meeting the global energy demands of the 21st century, and that a global expansion of nuclear energy can be achieved safely and securely. I look forward to your questions. Thank you.

BACKGROUND

Current Recycling Technologies

PUREX: Current commercial used nuclear fuel reprocessing technologies are based on the PUREX process, a solvent extraction process that separates uranium and plutonium and directs the remaining minor actinides (neptunium, americium, and curium) along with all of the fission products to vitrified waste. The PUREX process has more than 50 years of operational experience. For example, the La Hague reprocessing facility in France treats used fuel from domestic and foreign power reactors. The plutonium recovered is recycled as a mixed-oxide fuel to generate additional electricity. This technology also is used for commercial applications in the United Kingdom and Japan.

There are a number of drawbacks to the PUREX process. PUREX does not recover the minor actinides (neptunium, americium, curium, and heavier actinide elements), which compose a significant fraction of the long-term radiotoxicity of used fuel. Advanced fast reactors can transmute and consume minor actinides if they are separated from other fission product elements, but incorporation of minor actinide separations into existing PUREX facilities adds complexity and is outside commercial operating experience. Moreover, existing international facilities do not capture fission gases and tritium; these are discharged to the environment within regulatory limits. Although plutonium is recycled as mixed oxide fuel, this practice actually increases the net discharge of minor actinides. Finally, the production of pure plutonium through PUREX raises concerns about materials security and proliferation of nuclear weapons-usable materials.

Pyroprocessing: Pyroprocessing is currently being used at the Idaho National Laboratory to treat and stabilize used fuel from the decommissioned EBR-II reactor. The key separation step, electrorefining, recovers uranium (the bulk of the used fuel) in a single compact process operation. Ceramic and metallic waste forms, for active metal and noble metal fission products respectively, are being produced and qualified for disposal in a geologic repository. However, the demonstration equipment used for this treatment campaign has limited scalability. Argonne National Laboratory has developed conceptual designs of scalable, high-throughput equipment as well as an integrated facility for commercial used fuel treatment, but to date only a prototype advanced scalable electrorefiner has been fabricated and successfully tested. Additionally, work is underway at Argonne to refine the fundamental understanding of pyrochemical processes to achieve greater control of the composition of the recovered materials, which will facilitate developing safeguards consistent with U.S. non-proliferation goals.

Fuel Cycle Research in the United States

In the United States, the primary organization with responsibility for the research and development of used fuel recycling technologies is the Department of Energy’s Office of Nuclear Energy (DOE-NE), through its Fuel Cycle Research and Development program. This program supports research to develop and evaluate separations and treatment processes for used nuclear fuel that will enable the transition from the current open fuel cycle practiced in the United States to a sustainable, environmentally acceptable, and economic closed fuel cycle. Ongoing projects related to reprocessing and waste management include:

• Using advanced modeling and simulation coupled with experiments to optimize the design and operation of separations equipment.
• Exploring an innovative one-step extraction process for americium and curium, radionuclides that are major contributors to nuclear waste toxicity, to reduce the cost of aqueous-based used-fuel treatment.
• Further developing pyrochemical processes for used fuel treatment. These processes enable the use of compact equipment and facilities, treatment of used fuel shortly after discharge from a reactor, and reduction of secondary waste generation.
• Developing highly durable and leach-resistant waste forms of metal, glass, and ceramic composition for safe, long-term disposal.

However, it must be noted that the United States increasingly relies on collaborative arrangements with foreign research institutions and universities to conduct research in these areas. For example, Argonne, Idaho, and other U.S. national laboratories are working with the Korea Atomic Energy Research Institute, in a series of joint studies sponsored by the United States and Republic of Korea, to study disposition options for used nuclear fuel, including pyroprocessing, in order to develop economic, sustainable long-term solutions, consistent with non-proliferation objectives, for nuclear energy production and waste management. The state of U.S nuclear research facilities is declining compared to steady investments being made in countries such as France, Russia, Japan, and Republic of Korea. More importantly, those governments, as part of their national energy policies, have committed to the development and deployment of advanced fast reactor technologies, which are an important element of an integrated energy and waste management policy.

Advanced Fast Reactor Technology

The American Nuclear Society believes that the development and deployment of advanced nuclear reactors based on fast-neutron fission technology is important to the sustainability, reliability, and security of the world’s long-term energy supply. Nearly all current nuclear reactors are of the “thermal neutron” design, and their capability to extract the energy potential in the uranium fuel is limited to less than 1% of that available. The remainder of the energy potential is left unused in the discharged fuel and in the uranium, depleted in U-235, that remains from the process of enriching the natural uranium in the isotope U-235 for use in thermal reactors. With known fast reactor technology, this unutilized energy can be harvested, thereby extending by a hundred-fold the amount of energy extracted from the same amount of mined uranium.

It is the opinion of the ANS that fast reactors in conjunction with nuclear fuel recycling can diminish the cost and duration of storing and disposing of waste. These cost savings may offset cost increases in the fuel cycle due to reprocessing and fuel re-fabrication. Virtually all long-lived heavy elements are eliminated during fast reactor operation, leaving a small amount of fission product waste that requires assured isolation from the environment for only hundreds of years. The design and construction of a geologic repository would be substantially less complex and costly. Just as importantly, a repository of this type could be located in a very broad range of areas, increasing the likelihood of multiple host locations.

Summary

The American Nuclear Society endorses development of used nuclear fuel recycling in fast neutron spectrum reactors in parallel with a geologic repository to secure an integrated, sustainable nuclear energy system for the United States. This initiative should balance the needs of the nuclear energy production sector with those of the waste management sector to achieve an integrated system that increases resource utilization for energy production, disposes waste in an environmentally acceptable manner, and is economic. The global nature of nuclear energy production and waste management encourages the continuation of U.S.-foreign collaborations to develop and demonstrate recycling and fast reactor technologies. In this regard, the relationship between the United States and Republic of Korea is of mutual benefit and of strategic importance to our nuclear energy and waste management policies.

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Spent fuel at Fukushima Daiichi safer than asserted

By Will Davis

In recent days, a number of articles have been printed that assert that a grave danger exists at the Fukushima Daiichi nuclear generating station. These articles claim that this danger exists due to the condition of the spent nuclear fuel at the site and the supposedly shaky condition of its storage and care. Two examples:

The Fukushima Nuclear Disaster Is Far From Over” by Robert Alvarez

Fukushima Daiichi Site: Cesium-137 is 85 times greater than at Chernobyl Accident” by Akio Matsumura

These articles are highly deceptive. The occurrence of a cataclysmic release of radioactive material as surmised is hinged upon the occurrence of so many statistically impossible events that it is certain to be a practical impossibility. Since the assertions continue to gain a wider audience, however, it is necessary to examine them and make a realistic assessment of their likelihood.

Assertion 1: The spent fuel pools, particularly at Fukushima Daiichi No. 4 plant (1F-4), are liable to collapse

Since shortly after the Tohoku quake and tsunami, TEPCO has continually inspected the buildings at the site for physical integrity. More importantly, TEPCO has conducted seismic safety studies of all the reactor buildings; the results of these studies are linked below, which show that the reactor buildings are safe in the event of further (even severe) earthquakes.

Submission of Reports about the study regarding current seismic safety and reinforcement of reactor buildings at Fukushima Daiichi Nuclear Power Station

Important Report from TEPCO” (particularly items dated April 5)

“At 11:04 pm on April 1, a 5.9-magnitude earthquake centered in the coast of Fukushima Prefecture occurred. Hama-dori of Fukusihma Prefecture registered intensity 5 lower on the Japanese seismic (intensity) scale of 7. No abnormalities were detected at facilities for water injection into the reactors, nitrogen gas injection, cooling of spent fuel pool, and the treatment of highly contaminated water at Fukushima Daiichi Nuclear Power Station. They all operate normally after the quake. As for the degree of the shake of the reactor buildings, Unit 6′s reactor building’s foundation registered 40.7 gal in horizontal direction and 19.4 gal in vertical direction.

We, TEPCO, evaluate earthquake-proof safety by developing Design Basis Earthquake Ground Motion Ss as large-scale quake which would possibly occur in future. For example, the degree of shake of Unit 6′s reactor building’s foundation against the Design Basis Earthquake Ground Motion is 448 gal in horizontal direction and 415 gal in vertical direction (which is around 10 times large in horizontal way and around 20 times large in vertical way compared with the quake occurred on April 1, 2012). We assess that the level of this Design Basis Earthquake Ground Motion is almost same as the one recorded for the Tohoku–Pacific Ocean Earthquake. Based on the Motion, we simulated the damaged situation of the current reactor buildings of Unit 1 to 4, having implemented quake response analysis for the reactor buildings as well as equipments and pipes which are important in terms of safety. As a result, we confirmed that there are no negative signal, such as shear/twist of quake-proof walls of buildings, the fact that the stress of facilities/piping lowers the standard value, and the fact that buildings collapse and facilities/ piping lose their functions.”

NUREG /CR-4982, “Severe Accidents in Spent Fuel Pools in support of Generic Safety Issue 82,” Brookhaven National Laboratory, indicates that the likelihood of seismically induced spent fuel pool failure may be as low as 1 X 10-10 occurrences per reactor year, which is a statistically insignificant rate of occurrence.

From the above, it can easily be ascertained that further seismic damage to the buildings is not likely. It should be added that TEPCO is continuing to remove material (both debris and structural material) from the upper levels of the damaged reactor buildings—further reducing their mass, and the amount of mass at higher levels that could induce larger swaying moment. Thus, seismically induced collapse of the reactor buildings (as asserted in various articles penned by activists) is very unlikely. Assertion 1: False

Assertion 2: The spent fuel pool at 1F-4 is in particularly dire structural condition

TEPCO has continuously monitored the 1F-4 building for damage (having no damaged reactor in the building, it is the most widely accessible among 1F-1 through 1F-4, and thus most easily examined). TEPCO has also constructed, as a result of structural studies performed on the building, a steel-reinforced concrete support beneath the spent fuel pool at this plant. Photos are available at TEPCO “Completion of Installation of Supporting Structure…

TEPCO estimates, in fact, that the seismic safety margin of the 1F-4 building’s spent fuel pool is now improved 20 percent over the original condition. Thus, there is no basis to assertions that 1F-4′s spent fuel pool is in a dire condition. Assertion 2: False

 

 

 

 

Assertion 3: The spent fuel in these plants’ spent fuel pools could ignite, leading to a massive radiological release

This assertion is patently false. First, it is important to understand that in order for the fuel to ignite, it has to get hot—and in its present condition, submerged in spent fuel pools with redundant cooling systems and filtration systems, constant remote temperature monitoring, backup generating and pumping systems in mobile units in place (on standby), and high reach concrete pump trucks on site (if necessary), there is no chance of the fuel heating up in any significant way while it is in the pools in the buildings.

We’ve seen already that it’s unlikely that the buildings would be damaged in a quake—and we can surmise, given the manpower and equipment on site, that even if any sort of equipment leak or malfunction temporarily suspended cooling for the spent fuel, that malfunction would be quickly detected and fixed. So, it’s just not likely at all that the fuel would even begin to get noticeably hot in the spent fuel pools as-is now. Temperatures of the water in the spent fuel pools is currently in the ~30 °C and under range.

In order for apocalyptic assertions of a “fuel clad ignition and fire” to occur, moreover, the clad itself would need to be heated to incredible temperatures, which just isn’t possible. Ignition of the cladding (Zircalloy-2) on those fuel elements can occur roughly at 900 ºC in the proper conditions, but it’s important to note that, depending on the surrounding conditions (presence or absence of water vapor and oxygen content of the surroundings), the material may not ignite at that temperature anyway. From NUREG /CR-4982:

“The cladding on such fuel will not ignite until 900 ºC (1652 ºF), while the fuel melting point for UO2 fuel is 2880 ºC (5216 ºF).”

An online video shows Zirc-2 tube being heated with a blow torch (probably over 2000 ºC) and not catching fire. In point of fact, while the chemistry of rapid oxidation /combustion of Zirc cladding is complex, it just would not be possible under the conditions at the site. Further, even under the wild assumption that the buildings somehow collapsed, all of the other resources on site, and remotely off site, are still available to move in and provide cooling for the fuel.

In addition, the rate of heatup of the fuel depends on how long it’s been out of a reactor. According to NUREG /CR-4982, unless the spent fuel is recently discharged from an operating reactor (within 180 days), ignition of the clad is completely impossible in any situation, regardless. Experts have calculated that the heat output presently from the hottest of the spent fuel is only on the order of several hundred watts per element—a very insignificant amount in comparison to heating the material to between 900 ºC–2000 ºC in order to ignite it.

In addition, in order for a “cataclysmic” spread of the radionuclides contained in this spent fuel to occur, we can see that a massive fire is needed to both release the material and provide a driving head (or “loft”) to spread it to the winds. It’s clear that no such fire is possible, given the above information. The assertions simply fall apart.  Assertion 3: False  

Conclusion

In fact, all three assertions, as we’ve seen, fall apart at every turn—there’s no basis to assertions of shaky buildings, or a structurally failed 1F-4 plant, or the chance of zircalloy cladding fire, or billowing of the released material to the entire earth. Realistic, practical analysis, performed by personnel on site (TEPCO/NISA), nuclear professionals here in the United States with decades of experience in both theory and practice, and official peer-reviewed studies and documents (e.g., NUREG /CR-4982) show that the predictions of apocalypse being spread now are just as unlikely to occur as those predictions of apocalypse that were made then at the time of the accident.

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The author expresses his gratitude for assistance in this analysis provided by John H. Bickel, Meredith Angwin, Margaret Harding, Leslie Corrice, Rod Adams, Cheryl Rofer, Bill Rodgers, Paul Bowersox, Rick Michal, Steve Skutnik, and Dan Yurman.

Will Davis is the author of the nuclear energy blog “Atomic Power Review,” and is a member of the American Nuclear Society.  A former US Navy reactor operator, Davis finds his calling to be presenting the public with information about nuclear energy technology and its history.

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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Back to the Vermont Public Service Board: Square One – or Before!

By Howard Shaffer

The Vermont Yankee nuclear power plant received a 20-year extension of its operating license from the Nuclear Regulatory Commission on March 21, 2011. Vermont Yankee also is required to be issued a renewed Certificate of Public Good (CPG) from Vermont’s Public Service Board to continue operating.

The Vermont legislature, however, has passed a law stating that the board could release its findings only if the Senate passed a resolution allowing release. In 2010, the Senate voted against the board releasing its findings. Soon after receiving the NRC license extension i9n March 2011, Entergy, the owner and operator of Vermont Yankee, sued the State of Vermont in federal court over the state legislature’s blocking of Vermont Yankee’s operation through refusing to allow the board to release its findings. In January 2012, the court ruled in Entergy’s favor, and issued three injunctions barring the shutdown of the plant. The court found that the state was attempting to regulate nuclear safety issues, which is reserved for the federal government by law. The decision also stated that the Public Service Board retains its authority to regulate the plant in non-safety areas.

The conference

Since the Public Service Board retains some authority, the docket for the Certificate of Public Good was resumed. On March 9, the Public Service Board held a prehearing conference. The board sent out a list of questions to the parties to the docket, and the parties were asked to file responses. The conference was to address all the legal and procedural issues, so that the board could proceed with the hearing on the docket.

The conference was moved from the board’s own hearing room to a larger hearing room across the street in the State House. The State House was practically empty because the legislators go home for the week when it is town meeting day. The hearing room was packed with the board, lawyers and representatives, and media and the public (anti- and pro-nukes). There was a long table in front of the board for the parties to the docket, but they spilled over into the audience. Meredith Angwin and I arrived 45 minutes early to be sure that we got seats!

The State House meeting on Vermont Yankee (AP / Toby Talbot)

In reviewing the media coverage and my notes of the meeting, the best description of what the meeting revealed is a “legal thicket” built by the legislature and the board over the years. One side is trying to find a way through; the other is looking for “chinks in the armor to run in a sword.” Isn’t this what lawyers do? The Public Service Board started by asking the questions that it sent out. As revealed in the discussion, there were two things in the “thicket” that had been overlooked.

The issues

The first and most immediate question was, “Can Vermont Yankee operate after March 21?” This is the date that the CPG expires (it is the same date that the original NRC license expired). Entergy said yes, because there is a provision in the law that if a CPG application for extension is in progress when the original CPG expires, operation may continue under the old certificate. The opposing parties in the proceedings said no, and pointed to other laws and board orders. Entergy asked for assurances from the board on continued operation, and the board asked, “Why haven’t you applied to us for what you want?” The reply was we’re doing that now, and the board said that it should be formalized. Entergy said that it would comply.

The second question was, “How do we proceed in regard to the federal court ruling?” Do we scrub the hearing record produced so far, to remove anything that has been struck down by the federal court? Or do we start over? One board member asked what would be the fastest overall option. It wasn’t clear, but it seemed that scrubbing the record might be better. Or it might be worse. As the board member said: Scrubbing would be less work for the board at first, but if it wasn’t done right, there would be the possibility of a lot of time in court. This could lead to a longer time to completion.

The third question concerned storage of spent (used) nuclear fuel. State laws and CPG provisions allow storage only of spent fuel generated up until the end of the original CPG on March 21, 2012. The board did recognize that there won’t be any more spent fuel to store until the next refueling outage. The plant has some used fuel in dry casks, on a pad built to hold all the fuel from 40 years of operation, so that decommissioning could remove the reactor building and the fuel pool. Nevertheless, the board asked several times in several ways, “By what authority would you store more spent fuel after March 21?” The board also asked what authority they have to approve the storage of additional fuel. State law addresses storage of spent fuel up to the end of the current CPG, and the board stated it has only the authority given to it by the legislature.

Overlooked issues

A board member asked, “What about the open docket on the tritium leak?” During the tritium leak that was discovered at Vermont Yankee in January 2010, the board opened a separate docket (which has not yet been closed) to investigate the leak. There was a question about “who has the ball” on this issue. The board thought that Entergy does, but an International Brotherhood of Electrical Workers (IBEW) union representative at the conference pointed out that the IBEW had asked the board for a schedule for the next hearing on the tritium leak docket and been turned down. There was no direct response from anyone at the conference, but Entergy said that it had been waiting for the NRC license to be resolved before acting to resolve the tritium leak docket schedule.

A second stumbling block is a reported provision in a board order that the plant may operate beyond March 21, 2012, only for decommissioning. This was gleefully brought up by an opposition lawyer.

Tone

Meredith Angwin’s article at the “Yes Vermont Yankee” blog, written after we returned from the meeting, gives a good idea of the “tone” of the prehearing conference. To put things into perspective, however, the Public Service Board has been dealing with Vermont Yankee issues almost continually for about 12 years. The issues include the sale of the facility in 2002, a power uprate, dry cask storage, the ill-fated ENEXUS spin-off proposal, the tritium leak, and license renewal. The board may possibly be tiring of having to settle an issue that is fallout from the political arena. The fallout is as follows:  Congress decided that the United States should have nuclear power and have it safely. Congress appointed regulators to ensure this. Some citizens don’t want nuclear power and have been unable to change the policy of Congress. These citizens have been using all the rights and powers given them by law, to try to derail the regulatory process, on the national and state level.

Coming up

The parties must file responses with the board by March 15. The board will respond by March 20. On March 17, the American Nuclear Society’s Vermont Pilot Project and the Energy Education Project of the Ethan Allen Institute are sponsoring another rally outside the Vermont Yankee plant gates, to show support for the plant and its people. Naturally, the opponents have also planned many events, including non-violent civil disobedience with likely arrests.

The next two weeks will be interesting.

Some recent news coverage of the Public Service Board prehearing conference and associated Vermont Yankee developments:

Brattleboro Reformer: “VY Future Could Be Determined by One Line in PSB Memo”  March 10, 2012

Brattleboro Reformer: “State Responds to Entergy’s Appeal”  March 10, 2012

Burlington Free Press: “Midlife Crisis: Approaching 40, Vermont Yankee’s Ability to Keep Operating Debated”  March 9, 2012

Vermont Digger: “Entergy to PSB: Don’t Shut Us Down”  March 9, 2012

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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.

 

NRC/Fukushima hearing in US Senate on Thursday

A hearing titled “Lessons from Fukushima One Year Later: NRC’s Implementation of Recommendations for Enhancing Nuclear Reactor Safety in the 21st Century” will be held in the U.S. Senate on Thursday, March 15, at 10:00 AM EDT. The hearing will be a joint session of the Senate’s Committee on Environment and Public Works and the Subcommittee on Clean Air and Nuclear Safety.

NRC Commissioners Magwood, Svinicki, Chairman Jaczko, Apostolakis, Ostendorff

Featured testimony will come from NRC chairman Gregory Jaczko and fellow NRC commissioners Kristine Svinicki, George Apostolakis, William Magwood, and William Ostendorff.  The hearing will be webcast at the website for the U.S. Senate Committee on Environment and Public Works.

In the aftermath of the Great East Japan earthquake and tsunami, the NRC formed a task force to reevaluate the safety and security of the 104 nuclear power plants in the United States, and develop a series of recommendations based on the lessons learned from Japan. The March 15 hearing will concern the orders, rules, and other actions from the NRC intended to enhance reactor safety and protect public health based on those task force recommendations.

The hearing is a follow-up to the Senate committee’s hearing 0n December 15, 2011, titled “Review of the Nuclear Regulatory Commission’s Near-Term Task Force Recommendations for Enhancing Reactor Safety in the 21st Century,: which is archived here. The prepared opening statement of Chairman Barbara Boxer (D., Calif.) for that hearing is here. The prepared opening statement of Ranking Minority Member James Inhofe (R., Okla.) is here.

Jaczko and the other commissioners have not always been in agreement on regulatory decisions facing the NRC, notably including a recent 4-1 vote to grant a license to build and operate two reactors at the Vogtle nuclear facility in Georgia.

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ANS’s Loewen visits local sections

Eric Loewen, president of the American Nuclear Society, kept up his rapid pace last week as he visited the ANS local section in Aiken, S.C., on February 15, and the one in Charlotte, N.C., on February 16. Loewen, as the featured speaker at the meetings of the two sections, presented his personal talk titled “Plutonium: Promise or Peril”.

During the morning on the 15th, Loewen toured the MOX Fuel Fabrication Facility on the Savannah River Site, in South Carolina. The facility,which is being built by the Department of Energy’s National Nuclear Security Administration, will convert surplus nuclear weapon-grade plutonium into reactor fuel for use in commercial nuclear power plants starting in 2016. Under a 2000 agreement, the United States and Russia will dispose of 68 metric tons of surplus plutonium, enough material for many thousands of nuclear weapons (see Shaw Areva MOX Services for more info).

Later on the 15th, Loewen was hosted by Stephen Sheetz of the Savannah River National Laboratory for a tour of the lab and other facilities on the Savannah River Site.

At the MOX Fuel Fabrication Facility: Zachary Kosslow (ANS), Amanda Bryson (Shaw Areva MOX Services), Eric Loewen (ANS-president), and Kevin Hall (NNSA).

 

NNSA-MOX Federal Project Director Clay Ramsey illustrates with ANS's Loewen how a fuel pellet boat will be used in the MOX fuel fabrication process.

The dinner meeting that featured Loewen on the 15th was attended by about 160 people. The dinner was hosted by Citizens for Nuclear Technology Awareness, in cooperation with ANS. “Dr. Loewen’s presentation was very well received by all in attendance,” said Amanda Bryson, chair of the Savannah River ANS local section. “The event brought together professionals at all stages of their careers from all over the Central Savannah River Area, representing many facets of the nuclear industry in the area. This was one of the best-attended events for ANS–Savannah River in the past year, and provided the opportunity for lively and thought-provoking interaction among our membership and the membership of Citizens for Nuclear Technology Awareness. It was a pleasure and a privilege to have Dr. Loewen visit.”

The next day, in Charlotte,  Loewen was interviewed on WFAE NPR Radio Charlotte. Click the “Listen” button at the WFAE webpage to tune in to the interview via the Comments page, or tune in to the interview directly.

Dr. Clint Wolfe (Exec. Dir. CNTA), Dr. Loewen, Karen Bonavita (CNTA)

“Dr. Loewen had over 100 attentive local section members as an audience,” said Thomas Doering, chair of the Piedmont-Carolinas ANS local section, regarding Loewen’s talk in Charlotte on the 16th. “The Peidmont-Carolinas section historically has drawn nearly 100 local members for over two years; the greater Charlotte area is considered the energy capital of the nation. Dr. Loewen’s talk focused on the misconceptions of plutonium and how other energy sources suffered from a similar beginning.”

When asked about his trip, Loewen said, “I’m just so impressed with the vibrancy and vitality of these sections. They really are greater than the sum of their parts, and their parts are pretty great.”

Carolinas Section Officers James Bakke, Thomas Doering - chair, ANS President Loewen, Myron Koblansky, Andrew Sowder.