Nuclear Regulator Adds Heat to 2012 Congressional Race

Congratulations go out this first week of the new year to the Nuclear Regulatory Commission for giving Democrats in Ohio’s 9th congressional district a reason to come out and vote in their March 6 primary. . . and for giving residents from Toledo to Cleveland, not to mention those in a large swath of southern Michigan, something to keep them up at night.

As previously reported, the NRC waited till very late on a December Friday to announce arestart of the Davis-Besse nuclear facility, located near Oak Harbor, Ohio, on the banks of Lake Erie. Davis-Besse, of course, has a rap sheet as long and as disturbing as any power plant in the country:

. . . a fire at Ohio’s crippled Davis-Besse facility cut ventilation to the reactor control room. A faulty valve in a pipe sending water to the reactor core leaked on an electrical switchbox, triggering an electrical arc, which started the fire. This could have been a potentially catastrophic emergency. . . had the reactor not been shut down seven weeks earlier to replace an already once previously replaced, corroded, 82-ton reactor lid. This “transplant operation” revealed a 30-foot crack in the concrete shield building that will require a separate repair program. . . which will in no way be completed before the end of the year.

This was all on top of dangerous acid leaks discovered years earlier that caused what was called the worst corrosion ever seen at a US reactor. For their lack of attention to this little detail, Davis-Besse operator FirstEnergy was fined $5.45 million by regulators, and the company agreed to pay another $28 million in civil penalties.

All of this was public information before the NRC signed off on the December restart. But then:

[O]n December 7, one day after the reactor restart, FirstEnergy, Davis-Besse’s operator, admitted that they had withheld news of new cracks on a different part of the structure, which were discovered in November.

But, hey, FirstEnergy said that they only had withheld this information from the public, and that they indeed did report it to the NRC–which, as was observed at the time, raises some serious questions about the honesty, independence and competency of that body.

Well, one month after the commission gave its latest blessing to Davis-Besse, the NRC arranged a public meeting to explain its decision.

Wait–that’s not quite right. Representatives of the Nuclear Regulatory Commission and FirstEnergy were at a public meeting December 5 at the request Rep. Dennis Kucinich (D), who currently represents Ohio’s 10th congressional district, which lies to the east of Davis-Besse.

And there’s the rub. A victim of a population shift and a gerrymander by state Republicans, Kucinich’s district is disappearing in the next Congress. After much consideration, Rep. Kucinich recently announced that he would try to win back a seat in Congress representing Ohio’s 9th district, thus setting up a primary against House veteran Marcy Kaptur, the Democrat who has represented OH-9 for 29 years.

It should be noted that Kucinich has been on the Davis-Besse case for a very long time, and had called for the public meeting before the new district lines were drawn. But, as fate would have it, both Representatives Kucinich and Kaptur appeared at Thursday’s event.

Kucinich stated that his fight this January night was with the NRC and FirstEnergy, and not with Kaptur, but the contrast was there all the same:

“The cracking is not architectural, it’s structural,” Kucinich said. “FirstEnergy finally admitted this tonight. It’s an issue of public trust. FirstEnergy did not give the public, media or us a true picture of what really happened at the start.”

Rep. Kucinich has repeatedly stated that the Davis-Besse reactor should not have been allowed to restart until plant operators and regulators could explain why the reactor building was cracking and prove that the problem had been arrested. To date, neither of those criteria has been met.

Despite this uncertainty, Rep. Kaptur, whose district includes the troubled nuclear plant, supports the course currently set by the NRC and FirstEnergy–at least that seems to be what she’s saying:

“I came to assure the people that I am a proponent of public safety, I am convinced the NRC did its job this time, and I also want to see advanced energy production that’s affordable and see the plant increase employment,” Kaptur said. “We have to live in the 21st century . . . not the 20th . . . which is what Davis-Besse is providing. I know what [Kucinich] believes, but I’m in my 30th year as a public servant and I think I’ve learned something in that time.”

The Davis-Besse plant is said to account for about 800 jobs–though, since none of the players is proposing the decommissioning of the reactor, it is not clear how delaying restart until safety issues are addressed would change the employment picture. As for living in the 21st Century instead of the 20th, perhaps Kaptur has forgotten that Davis-Besse broke ground in 1970, and came on line in 1978. Its light water reactor design is older still.

As for believing in public safety, beyond the recent fire, the two reactor head replacements and the numerous unexplained cracks, Kaptur probably should be reminded that the plant in her district is the site of two of the five most dangerous US nuclear events since 1979.

As for “energy production that’s affordable,” even a casual reader is by now aware that nuclear power–with its construction costs, costs of operation, costs of fuel mining and refining, costs of spent fuel storage, accident clean-ups, tax breaks, rate subsidies and federal loan guarantees–is one of the most phenomenally uneconomical ways of producing electricity ever conceived.

And, as for the NRC doing its job–”there is a high level of assurance that the reactor building is safe,” said Cynthia Pederson, a regional director with the NRC responsible for the Midwest. But Pederson also confirmed that their investigation into the cracks is ongoing, and most notably, that the NRC is relying on FirstEnergy to sort it all out:

The commission signed off on restarting the plant following several tests and after its owner, FirstEnergy Corp., assured it that the cracks don’t pose a threat.

The commission has given Akron-based FirstEnergy until the end of February to find out what caused the cracks.

Until the cause is known, there’s no reason to order closer inspections at other plants with similar concrete shields, Pederson said.

It’s possible that the cracks have been around for a while, she said. “Concrete has a tendency to crack,” she said.

“Concrete has a tendency to crack”–how is that an acceptable “finding” from a representative of the regulatory agency responsible for guaranteeing the safety of nuclear reactors? Pederson, in her statements Thursday, has made it quite clear that her agency has no idea why the Davis-Besse containment structure is cracking, or whether it has stopped cracking, and that the NRC has relied on the operator’s assurance that the cracks “don’t pose a threat.”

Remember, this is the same operator that previously had to pay out over $33 million in penalties for a previous lapse in judgment, and has just been caught concealing knowledge of additional cracks.

And beyond those structural cracks, Davis-Besse has, time and again, revealed the troubling cracks in the system. Looking at the history of this Ohio reactor–let alone the history of atomic power across the country–the federal agency responsible for policing the nuclear industry has instead proven itself the patsy. FirstEnergy has proven itself untrustworthy, yet the NRC has said that it trusts them, and that the public should trust them, too.

And now, by coming down on the side of FirstEnergy, Marcy Kaptur has volunteered her constituents as participants in this trust exercise, as well. Rep. Kucinich chooses to trust evidence over faith–and that evidence says Davis-Besse is not just an accident waiting to happen, it is a series of accidents, some still in waiting, some now evolving. With the terrifying results of Japan’s Fukushima nuclear accident still very much developing, it seems naïve if not criminal to give the nuclear industry the benefit of the doubt.

So, this first week of 2012, the Kaptur-Kucinich race already has a clear issue. Residents of Ohio’s 9th, you have a clear choice.