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August 2008;   July 2008                  link to  Sustainable energy News

Watch documentary The Battle of Chernobyl http://www.milkandcookies.com/link/99692/detail/

Belgians warned over iodine leak http://news.bbc.co.uk/2/hi/europe/7588926.stm

BBC News: Friday, 29 August 2008 18:21 UK

Belgian authorities have warned people in the south of the country not to eat locally grown produce after a leak from a nuclear research institute.

A safety alert was issued after a leak of radioactive iodine gas from a laboratory in Fleurus, near the southern city of Charleroi.

Locals have been told not to eat locally grown fruit, vegetables or dairy products as a precaution.

The Belgian nuclear control agency has described the leak as serious.

The authorities have been criticised for initially playing down the incident, which took place earlier this week.

The Institut des Radioelements laboratory halted production on Tuesday, but the leak was initially announced as not representing a risk to residents in the area or to the environment.

However, precautionary measures were eventually taken after grass samples showed higher-than-expected contamination.

Fleurus's population and residents of villages located within a 5km radius have been asked not to eat fruit and vegetables from gardens or drink milk from neighbouring farms, until further notice.

The institute produces radioisotopes for medical imaging and for treating cancer.

 

Cameco landfill may be breaking provincial laws news@waterkeeper.ca Aug 26, 2008

Lake Ontario Waterkeeper has teamed up with Port Hope area residents to file an Application for Investigation alleging that Cameco Corporation may be breaking Ontario's environmental laws. The uranium company manages a radioactive waste site in Welcome, just outside of Port Hope. 

 
Earlier this spring, residents discovered that a 2.5-kilometre long pipe discharging wastewater into Lake Ontario has broken. The pipe now spews an alarming cocktail of uranium and arsenic onto a public beach.

 
"The Environmental Bill of Rights grants every Ontario resident a right to call upon the province to investigate violations of provincial law. In my experience, dumping uranium, arsenic and radium onto a public beach is about as clear a violation as you can get," says Waterkeeper and environmental lawyer Mark Mattson.

 
Samples collected from the pipe show uranium levels nearly 50 times higher the province's interim water quality objectives. Arsenic is nearly 5 times higher than what Ontario considers safe for human and aquatic life.

 
Full details of the alleged contraventions can be found in the Application for Investigation*. The Application was submitted to the Environmental Commissioner of Ontario on Monday, August 25. The Application will be acknowledged within 10 days. The Ministry must decide whether or not to investigate in 60-70 days (early November, 2008).

 

Jury: Worker covered up damage at Ohio nuke plant


By JOHN SEEWER  Associated Press Writer August 26th, 2008

TOLEDO, Ohio (AP) - Jurors on Tuesday convicted a former nuclear plant engineer of hiding information from government regulators about the worst corrosion ever found at a U.S. reactor.

Prosecutors said Andrew Siemaszko and two other workers lied in 2001 so the Davis-Besse plant along Lake Erie could delay a shutdown for a safety inspection. Months later, inspectors found an acid leak that nearly ate through the reactor's 6-inch-thick steel cap.

Siemaszko covered up the damage to the plant's reactor vessel head and lied to the Nuclear Regulatory Commission, the federal jury said.

It's not clear how close the plant, midway between Toledo and Cleveland, was to an accident.

Siemaszko faces up to five years in prison and $250,000 in fines. He was convicted on three of five counts, including concealing material information from the government. The jury cleared him on two counts of making false statements.

Following the discovery of the leak, the NRC beefed up inspections and training and began requiring detailed records of its discussions with plant operators.

Siemaszko's attorneys said the plant's owner set him up as a scapegoat because he spoke out about safety concerns. They will consider an appeal.

"I'm disappointed," Siemaszko said. When asked what message the verdict sends, he said: "Do not go against a big company."

Siemaszko was responsible for making sure the reactor vessel head was cleaned and inspected. He said he was wrongly fired and that he had told supervisors the reactor needed to be cleaned. He said managers rejected his requests.

Defense attorney Billie Pirner Garde said nuclear workers will be less likely to raise concerns about safety. "This makes the nuclear industry less safe," she said.

The plant's operator, Akron-based FirstEnergy Corp., said Siemaszko deserved to be fired and should have caught the damage.

FirstEnergy paid a record $28 million in fines a year ago while avoiding federal charges. It also spent $600 million making repairs and buying replacement power while the plant was closed from early 2002 until 2004.

None of the company's senior leaders was charged in the investigation.

Another former worker at the Davis-Besse plant was sentenced to three years' probation in May for concealing information from the government. A private contractor was acquitted.

 

Private operator in bid to build nuclear plant on Mediterranean coast
 

Tyler Hamilton "Energy reporter"  Toronto Star Aug 22, 2008

First it got a foothold in Ontario. Then it started to woo Alberta and Saskatchewan. Now nuclear operator Bruce Power has its sights set on Turkey.

Reports out of Istanbul list Tiverton, Ont.-based Bruce Power as part of a consortium that wants to build the first nuclear power plant in Turkey, a Balkan country with a population of 70 million. The Turkish government has outlined plans to build a 3,000- to 5,000-megawatt nuclear power plant in the city of Mersin, which is situated on the Mediterranean coast.

The project represents Bruce Power's first foray outside of Canada, said company spokesperson Steve Cannon, confirming reports. "We'll look anywhere where there's a potential business opportunity," he said.

Bruce Power is Canada's first private nuclear operator and is co-owned by uranium giant Cameco Corp., power plant and pipeline builder TransCanada Corp., the Ontario Municipal Employees Retirement System and two power-industry unions.

Its first and so far only generating station, located on the shores of Lake Huron near the town of Kincardine, supplies about 4,700 megawatts to the Ontario grid. Another 1,500 megawatts will come into service in 2010 as part of the two-reactor Bruce A restart.

Over the past year company chief executive Duncan Hawthorne has announced plans to build nuclear power plants in Saskatchewan, Canada's uranium heartland, and Alberta, where energy-hungry oil sands operations are driving up the province's power needs.

Sources say Bruce Power is also eager to build a nuclear plant in Nanticoke to replace Ontario's largest coal-fired generation station there when it shuts down as planned in 2014.

Steve Aplin, head of energy consulting with Ottawa-based HDP Group Inc., said Bruce Power has established itself as a strong operator in Ontario and is ideally positioned to take on similar roles outside of Canada.

"This is another signal that they have worldwide ambitions," Aplin said. "They're one of the top four or five nuclear power operators on the continent in North America, and they understand natural uranium reactors. If that's what the Turks are looking for, then Bruce Power has got it."

Dogan Enerji, the energy subsidiary of Turkish conglomerate Dogan Holding, signed a contract to work with Bruce Power on a formal bid, along with partners Unit Investment NV of Belgium and Istanbul-based industrial conglomerate Anadolu Endustri Holding.

Cannon said Bruce Power's role would be to operate the plant, but he wouldn't say which reactor technology would be at the heart of the bid, which must be submitted by Sept. 24. The Turkish government's request for proposals, however, indicates it is interested in light-water reactors of the kind supplied by Areva, GE Nuclear and Westinghouse, or "pressurized heavy water reactors that utilize natural uranium."

Aplin said the most obvious reactor design for Bruce Power to back would be the heavy-water Candu 6 design that Atomic Energy of Canada Ltd. has sold in places such as China and Romania. The Candu 6 is similar to the earlier Candu reactors now in operation at the Bruce generating station.

AECL's next-generation ACR 1000 reactor, which uses slightly enriched uranium, has been a harder sell. Turkey specifically excluded the design from its request, and Romania has also backed away from the ACR for future plants because the design is not yet complete.

Meanwhile, a memorandum of understanding recently announced between AECL and Jordan is focused on the Candu 6 design. "All these countries, for fuel security reasons, like the natural uranium (Candu 6) because they're not reliant on an outside supplier of enriched fuel," said Aplin.

 

 

Contentious overhaul of the aging Gentilly-2 site to cost $1.9 billion, possibly prolong its life to 2040
 

Aug 20, 2008 04:30 AM  The Canadian Press


BECANCOUR, QUE.–Quebec will retain its toehold in the nuclear industry by carrying out a major retrofit of its lone nuclear power plant.

Hydro-Québec announced yesterday it will spend $1.9 billion to overhaul the aging Gentilly-2 plant near Trois-Rivières.

It hopes to extend the power plant's lifespan to 2040.

Hydro-Québec described Gentilly-2 as a reliable and clean source of energy that helps stabilize Quebec's power grid.

"We'll go ahead with the renovation of Gentilly-2 because it's a plant that has been used safely for 25 years," president Thierry Vandal, said at a news conference.

"The site of the plant is very safe, as much for production as for storing nuclear waste."

Gentilly-2's future has been the subject of heated debate for years.

Environmental groups object to the plant because of what they see as murky long-term plans for dealing with radioactive waste.

"(The government) has had a policy that won't accept a used-fuel waste site in Quebec," said Greenpeace's Shawn-Patrick Stensil.

"Today, however, they have given the okay to producing more radioactive waste. That's hypocritical."

Businesses and unions welcomed the refurbishment as a boost for the central Quebec region.

The renovations will result in about $600 million in spinoffs for Quebec and will create about 800 jobs over a 20-month period, in addition to the station's current staff.

Gentilly-2 came online in 1983 and produces about 3 per cent of the province's energy output.
 

 

FRANCE'S NUCLEAR CONUNDRUM

Atomic World Champ on the Ropes http://www.spiegel.de/international/europe/0,1518,571254,00.html

By Holger Dambeck Spiegel Online International - Aug 11-2008

France is proud of having the world's most developed nuclear energy infrastructure, but a series of incidents at the Tricastin nuclear power plant has shaken its self-confidence. Is public sentiment about nuclear power about to shift?

The winegrowers have already made their move. No longer will they label their product Côteaux du Tricastin. Why? Because the name Tricastin is slowly beginning to stand for something far removed from fine wine.

The vintners fear that sales might be hurt by a series of recent accidents (more...) at a nuclear power plant near Avignon bearing the same name. "Nuclear energy and food don't really go so well together in the minds of consumers," said Henri Bour, president of the local Appellation d’origine contrôlée (AOC) wine association, in late July. From now on, the wine will likely bear the label of origin "Grignan," after the place where the association is based.

Since the first accident in early July, the situation has only worsened. Last week, radioactive material leaked out once again from Tricastin, this time when radioactive isotopes were released into the atmosphere during a nuclear waste disposal process. It took the authorities weeks to come clean about this incident though it happened a month ago. This incident also puts the reactor over its limit for the permissible annual release by 5 percent, according to France's nuclear safety agency (ASN). But the amount of radioactive exposure only amounts to "several thousandths" of the permissible limit, the public has been assured.

The French anti-nuclear umbrella group Sortir du nucleaire, or Abandon Nuclear Power, has documented the series of incidents at Tricastin. According to the group's count, in July alone, the nuclear power plant experienced three other incidents:

During the night between July 7 and 8, 75 kilograms (165 pounds) of unenriched uranium were released into nearby rivers and ground water. The local population was only informed about the accident hours after it took place.

On July 23, 100 people were exposed to the radioactive substance Cobalt 58 after a leak at a reactor that had been shut down for refuelling. ASN estimated their exposure was 40 times below the permissible limit. The incident was classified as a Level 0 accident -- "anomaly" -- on the International Nuclear Event Scale (INES) of the International Atomic Energy Agency (IAEA).

On July 29, personnel were evacuated following an alarm at Tricastin's reactor number four. The facility's operators report that medical examinations of the employees returned no sign of elevated exposure. Sortir du nucléaire contradicts the report, claiming that slight traces of radioactivity were found on two of the 45 employees examined.

France's love affair with nuclear energy is decades old -- no other country in the world is as dependent on the atom as France is. The country's 58 reactors produce nearly 80 percent of its electricity, meaning France only has to import half of its total energy needs. Furthermore, whereas Germans have long been deeply suspicious about nuclear technology, the French have few doubts. What matters are stable energy prices, thousands of guaranteed jobs and the profits derived from exporting nuclear power plant technology.

A Change of Heart?

But is that still the case following the series of accidents at Tricastin? Stephane Lhomme, a spokesman for Sortir du nucléaire, has his doubts. "This series of accidents will leave its mark on the public conscious," Lhomme says. "This will change people's minds about nuclear energy."

Reaction to nuclear accidents in France tend to be much different than in Germany. While almost every broken screw unleashes a new debate in Germany about the future of nuclear energy, they're almost nonchalant about such things in France. In Germany, the Federal Office for Radiation Protection (BfS) regularly publishes a comprehensive list of all the accidents at German nuclear power reactors. For 2007, for example, the office reported 104 Level 0 incidents and two Level 1 ("incident") occurrences on the INES scale.

This kind of transparency is much less common in France, which is generally much more centralized than Germany. The official nuclear safety agency ASN only publishes total numbers of incidents (for 2007, 708 Level 0 and 56 Level 1 incidents). Individual incidents are only made available on the agency's Web site if they reach Level 1. It is left to the discretion of agency officials whether they publish information about Level 0 incidents. In 2007, this happened only four times -- while the other 704 Level 0 incidents went unmentioned.

Cover Up?

The French media tends to follow suit -- either they publish a few stories about nuclear accidents each year, or they publish none at all. These days, though, things appear to be changing dramatically. The problems at Tricastin became front page news.

"The media coverage after the most recent events was huge," says Helmut Hirsch, a nuclear expert from Hanover, who numbers Austria's minister of the environment and Greenpeace among his consulting clients. "And understandably so, seeing that it actually involved the release of radioactivity." Hirsch adds that, in his opinion, the ASN does provide experts with comprehensive information about accidents. "These things are actually fairly well publicized," Hirsch told SPIEGEL ONLINE, "but the media coverage varies."

Officials at Sortir du nucléaire don't see it that way. "We don't learn anything about things that cause actual problems," says Lhomme. "They're covered up."

Lhomme also says that the most recent incidents at Tricastin were only publicized due to the danger that the news would leak out on its own. The first instinct of nuclear power plant operators, he says, is to say nothing. When they do go public though, says Lhomme, the message is always the same: The incident wasn't that bad.

To back up his claim, Lhomme points to an incident in December 1999 when a hurricane flooded the Blayais nuclear power plant in France's Bordeaux region, forcing the reactor to be shut down. It was only days later the the public learned that not all had gone according to plan -- Sortie du nucléaire spoke of a "serious accident." The IAEA later classified it as a Level 2 event.

The operators of German nuclear power plants are also no strangers to hushing up or playing down accidents. Following an incident in June 2007, which saw a fire break out in a nuclear power plant near Hamburg, the plant's operator Vattenfall -- one of Germany's leading energy companies -- only provided incremental information. Ultimately, two executives and a public relations official with Vattenfall Europe lost their jobs. But the impression remained that nuclear power executives are about as trustworthy as used car salesmen.

After the most recent incidents at Tricastin, Sortir du nucléaire has renewed its calls for Socatri to be shut down. This subsidiary of nuclear giant Areva is in charge of processing radioactive waste at the nuclear power plant and has been responsible for two of the four incidents.

Lhomme is intimately acquainted with the attitude of the French toward the nuclear industry. "Up to now," Lhomme says, "most people have believed that power plants are safe and clean, that France is the world champion of nuclear power." But that, he adds, is changing.

Ducking Responsibility: Entergy Spins Its Nukes

By Shay Totten, Special to Corpwatch  -  August 4th, 2008

When Vermont regulators approved the sale of Yankee Nuclear, the state’s only nuclear power plant, to Entergy in 2001, many heralded it as a move that would promote cheap, safe power. Vermont Yankee would be run by one of the nation’s largest nuclear operators — a Fortune 500 company to boot — rather than a group of in-state utilities.

But rather than getting top-notch industry expertise and management, Vermonters saw a spate of mishaps at the plant. Just last year a spent fuel rod went missing and there was the spectacular collapse of cooling tower sections. The bad news led Republican Governor Jim Douglas to say that it seems as if “Homer Simpson is running the place.”

Now, seven years after buying the plant, Entergy is using a complex restructuring scheme to back away from its ownership of Vermont Yankee and the rest of its northeast fleet of nuclear reactors.

This move is mirrored throughout the nuclear industry as older plants reach the end of their productive lives and must be decommissioned at enormous cost to owners, taxpayers or both. At the same time, many utilities are trying to cash in on the image that nuclear power is part of the climate change solution and reap record profits as a spike in natural gas and oil costs boosts power prices.

One way the nuclear industry is dealing with the changing energy climate is though shell games: They are restructuring and setting up complex holding companies that push profits to shareholders, while reneging on side agreements that made license extensions, power up-rates or ownership changes palatable to state and local regulators.

Entergy is spinning off all its plants into a separate limited liability company, Enexus, absolving itself of any responsibility to the nuclear reactor fleet it now owns, or to the states in which they are located. The deal would add $4 billion to Entergy’s bottom line, but would leave the newly created LLC saddled from the start with $4 billion in debt.

Entergy owns and operates 11 power plants with approximately 30,000 megawatts of electric generating capacity, and it is the second-largest nuclear generating corporation in the United States, after Exelon. Entergy has annual revenues of more than $11 billion and employs roughly 14,300 people in more than a dozen states.

Seeking Approval

The Nuclear Regulatory Commission (NRC) and the Federal Energy Regulatory Commission (FERC) have approved the Vermont restructuring, but Entergy still needs the OK from the Internal Revenue Service, the Securities Exchange Commission, and regulators in Vermont and New York. It hopes to complete the restructuring by year’s end.
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“We’re pleased with the staff’s decision of the transfer of the licenses and are looking forward to the completion of the spinoff process,” said Entergy spokesperson Michael Burns. “We strongly believe it will provide benefits to all of the plant’s stakeholders and communities.”

In Vermont, some of those stakeholders are less than pleased with hosting an aging nuclear power plant with a shaky safety record. When Vermont Yankee was built in 1972, its life expectancy was 40 years. With 2012 looming, it is seeking an extension to operate an additional 20 years. In 2006, despite protests, it was granted permission to produce 20 percent more power than it was originally designed to generate. That output boost means it sucks in more water from, and pumps hotter water out into, the nearby Connecticut River. Some critics have pointed out that the original plant was not designed to run so hard for so long, and, indeed, a recent study fulfilled predictions that radiation emissions would increase along with power.

Decommissioning, when it inevitably comes, is expected to cost at least $800 million. The clean-up fund currently has only $400 million, which is supposed to cover not only mothballing and purging the plant, but returning the site to be in keeping with the nearby cow pastures, farm crops, elementary­ school and white clapboard houses.

Residents and lawmakers opposed to the restructuring, and to Yankee's license extension, have so far failed to coalesce their forces. The woefully underfunded activists of the New England Coalition and Citizens Awareness Network have been the underdogs in this fight — often taking on well-heeled lawyers from both the NRC and Entergy in one hearing.

That may change. A statewide tour last year aimed to educate Vermonters about the ongoing problems that a nuclear power plant poses to residents. It highlighted radiation emissions and the impact a major accident could have on the state’s agriculture and health.

And, the string of mishaps at the plant may have done more to shake the confidence of northern residents and policymakers than could any well-reasoned argument in the arcane hearing rooms of the NRC.

The Spin

According to Entergy, the spin-off corporation Enexus will own six wholesale reactors that had been part of Entergy’s 11-reactor fleet, including two at the Indian Point Energy Center in Buchanan, New York; and one each at Vermont Yankee in Vernon, Vermont; Pilgrim Station in Plymouth, Massachusetts; the James A. FitzPatrick plant near Oswego, New York; and the Palisades plant in Covert, Michigan.

Headquartered in Jackson, Mississippi, Enexus Energy Corporation says it will be “the nation's first stand-alone, publicly traded nuclear-energy generating and marketing company” and will “own approximately 5,000 megawatts of nuclear power generation.”

But to further complicate matters, if and when the deal is finally approved neither of the parent companies (Entergy and Enexus) will hold Vermont Yankee’s operating license. Rather a separate spinoff company, EquaGen, a joint venture of the parent companies, will act as the holding company that owns the six Northeast reactors.

Confused? So are activists and regulators looking to ensure that when the plant needs decommissioning or if it has a serious accident, there will be a clear line of responsibility and sufficient financial resources to deal with the problems. In short, they want Entergy to be the company providing the financial backstop.

“This restructuring is absolutely bad for Vermont, and Vermont taxpayers are going to get screwed,” warns Bob Stannard, a lobbyist hired by anti-nuclear groups to make their case to lawmakers.

If the tangled chain of responsibility is not reassuring, the name is supposed to be. Entergy officials say the brand Enexus was chosen to “capture the appeal of reliable nuclear power, which is virtually emissions-free and supports U.S. energy independence, while preparing for future energy demands.” The name is a hybrid between “energy” and “nexus” and “describes nuclear power’s role in the nexus between the world’s growing energy demand and the United States’ need for clean, environmentally friendly power.”

Certainly, the company was looking for something better than SpinCo or NewCo — both monikers Entergy used before settling on Enexus and the tag line: “Today’s energy — tomorrow’s solution.”

Resistance from Below

The reorganization may be a solution for Entergy, but state regulators in Vermont and New York are not meeting the convoluted arrangement with open arms.

Regulators in these two states believe the spinoff has more to do with Entergy finding a way to wriggle out from under financial agreements totaling in the hundreds of millions of dollars, and potentially saddling taxpayers with hundreds of millions in cleanup and closure costs once the nuclear reactors are shut down.

The Vermont Department of Public Service (DPS), which represents ratepayers before state regulators, opposes the reorganization.

“The department cannot support the Enexus corporate structure as proposed.  Enexus as proposed would have far too much debt, as well as limited resources to meet any capital expenses that may be required for continued operation,” said Stephen Wark, a DPS spokesperson.

In late July, three days of technical hearings were held before the quasi-judicial Public Service Board. Consultants hired to review Entergy’s reorganization testified that there would not be enough money in the decommissioning fund to dismantle the plant if the reactor is shut down in 2012, when Yankee’s current operating license expires. While the NRC has OK’d a 20-year extension, it must also be approved by both the Public Service Board and the Democratic Party-controlled state legislature.

The DPS has other concerns, including the fact that Enexus, in its restructuring documents, failed to identify or reference an “Employee Concerns Program” as required by the federal whistleblower law.

Holding the Bag

Like death and taxes, the decommissioning of nuclear power plants is inevitable. Today’s price for safely dismantling the radioactive components, transporting them to nuclear waste dumps, and storing material on site is estimated at roughly $600-$750 million per reactor.

By 2032 those costs could rise precipitously. And since the federal government has failed to find a single repository for such waste, there still may be no place to send the radioactive material. That means that after the corporations have shut down geriatric plants, states will have to find a way to store high-level nuclear waste at or near reactor sites.

Anticipating that inevitable day, and spurred by Entergy’s reorganization, Vermont lawmakers passed a bill this spring that, as a condition for restructuring approval, requires the Louisiana-based company to pony up $400 million and place it in the decommissioning fund for Vermont Yankee.

Legislators were worried that since Entergy was walking away from the plant as an owner, taxpayers would be on the hook for decommissioning costs.

In May, Entergy’s top Vermont lobbyist, Brian Cosgrove, argued against the bill, telling listeners on a popular local morning talk show that the $400 million liability would affect the company’s credit rating, and be a drag on the bottom line.

But according to Standard & Poor’s, a Wall Street ratings agency, the proposed additional $400 million for the decommissioning fund will not affect Entergy’s bond rating.

And it sure doesn’t look like the payment would kill profits. Entergy reported first-quarter earnings of more than $308 million, a 45 percent jump from a year earlier. It announced earnings of more than $289 million for the second quarter of the year, up $22 million from a year earlier.

Despite Entergy’s strong financial position, Republican Governor Jim Douglas opposed the legislature’s move, claiming the extra money Entergy was being forced to pay would eventually come out of ratepayers’ pockets in higher power rates as the costs were passed along to utilities. Lawmakers defied the governor and passed a bill calling on Entergy to keep its word and put its money where its mouth was. Douglas then promptly vetoed the legislation.

Stannard call the NRC an industry “lapdog,” for going along with the restructuring plans and financial shenanigans. “All this clearly indicates to policymakers in Vermont that we should have no faith in the NRC to protect our interests; we have to rely on ourselves to protect our interests,” said the anti-nuke lobbyist. “The NRC has been lockstep with Entergy in general, and with this plant in particular from the get-go. Entergy is a big company accustomed with getting its way, and it is having a meltdown over the fact that the little state of Vermont has purview over this restructuring, or a license extension.”

In short, Stannard believes Vermont officials should more strongly oppose the deal and not rely on either the NRC or on officials in neighboring states.

New York Powers Up

One of those neighboring states is also concerned about Entergy’s plans. New York Attorney General Andrew Cuomo told the New York Times: “Entergy’s plan is ill-conceived on a number of levels. It could ultimately cost taxpayers hundreds of millions of dollars, does nothing to guarantee adequate decontamination of the site, and does not anticipate a future New York without Indian Point.”

The transfer of Entergy to Enexus could cost New York residents money because Entergy agreed to a special revenue-sharing arrangement with the New York Power Authority (NYPA). Under the agreement, in the next six years Entergy is to provide $432 million to NYPA. In turn, the authority provides low-cost electricity to businesses and municipalities. It also oversees energy efficiency and energy retrofitting programs.

Westchester County Executive Andrew Spano, where the Indian Point nuclear reactor is located, also opposes the deal. He says the complex spinoff arrangement makes it difficult to determine who will be ultimately responsible if something goes wrong. Indian Point is located less than 25 miles from mid-town Manhattan.

Entergy officials, in letters and court filings, have rejected the state’s arguments and said it was “in full compliance with all terms and conditions” of the agreement. It plans to spin off Enexus to its own shareholders, who could then sell or hold the new shares.

Christine Pritchard, a spokesperson for the Power Authority, said it would fight Entergy in court if necessary.

“If the spinoff of Entergy’s nuclear plants is approved and, based upon the structure of the spinoff, Entergy then tries to evade its obligations under the value sharing agreements, NYPA intends fully to protect its rights and challenge that unwarranted conduct in a court of law,” she said.

Same Old Shell Game

Setting up shell companies and limited-liability corporations to shield the parent company is nothing new in the nuclear power industry. A 2002 report into this growing practice raised concern about the eventual impact the trend would have on the marketplace, and potentially on the public purse.

Just take a look at the recent implosions related to the subprime industry, and Enron and WorldCom before it. That’s the same kind of financial hocus pocus going on in the energy industry.

“With years of reckless undermining of economic and financial regulation now exposed in a series of catastrophic financial collapses, investigators turning over rocks keep finding the same agents of decay: demands for short term “performance” in the private sector compounded by regulatory cutbacks, underqualified commission appointments, Congressional hearings harassing public protection initiatives, pressure to deregulate more and faster — a ruinous mixture of money, pressure, overconfidence, complexity and ideology,” wrote former NRC Commissioner Peter Bradford in his introduction to the 2002 report by Synapse Energy Economics. The report was prepared for the STAR Foundation and Riverkeeper.

Bradford, who served under President Jimmy Carter, also argued that federal energy regulators weren’t schooled in the ability to analyze these new, complex financial arrangements.

“During all those years, health and safety regulation got the same debilitating treatment from Congress and the presidency as its financial counterparts. How long before those chickens come home to roost, and where will the roosting be?” he pondered.

No major accidents have occurred at Entergy plants, but the company’s current efforts mark a heightened level of corporate restructuring that will insulate it if any do.

“Entergy Corporation was a pioneer in establishing separate corporate entities to own and operate nuclear power plants,” the report claimed, citing a seven-year history of setting up shell companies.

At the time, Entergy owned its reactors through a variety of wholly-owned retail public utility companies, and wholly-owned subsidiaries. In some cases, separate subsidiaries were set up around single reactors, with each subsidiary owning a portion of each other’s reactor. Most of these subsidiaries were under the umbrella of Entergy Nuclear Holding Company.

Their reasoning was simple: “The use of holding companies below Entergy Nuclear Holding Company allows Entergy to segregate various types of financing, investment, and business activities, and by doing so, enables Entergy to better manage and control risks associated with these activities,” the report stated.

In other words, shareholders get the benefits with none of the risk. The federal government has backed this equation by ensuring that nuclear power plant owners are shielded, to some extent, from having to clean up accidents.

After the 1979 accident at Three Mile Island, the federal nuclear self-insurance requirement — the Price-Anderson Act — was increased from $560 million to the current $9.3 billion. In addition, each plant was required to set up a dedicated decommissioning trust fund to assure that funds would be available to clean up a closed plant.

But the Star Foundation-Riverkeeper report finds that “with the passage of two more decades, renewed complacency has eroded these safeguards.”

“The consolidation of nuclear ownership now risks the shifting of accident and decommissioning costs from the plant owners to the general public because the relatively secure financial backing of substantial utility companies has in many cases been replaced by a limited liability subsidiary whose only asset is an individual nuclear power plant,” the report found.

The report also warned against the growing consolidation in the market occurring while companies were creating more complex ownership structures.

“The limited liability structures being utilized are effective mechanisms for transferring profits to the parent/owner while avoiding tax payments. They also provide a financial shield for the parent/owner if an accident, equipment failure, safety upgrade, or unusual maintenance need at one particular plant creates a large, unanticipated cost. The parent/owner can walk away, by declaring bankruptcy for that separate entity, without jeopardizing its other nuclear and non-nuclear investments,” the report concluded.

No Nukes of the North

In Vermont, activists opposed to the ongoing operation of Vermont Yankee and to the clever shielding of its corporate owners from the risks of running a nuclear power plant (and pushing that risk back on the communities) have no intention of letting Entergy simply change the rules mid-game.

Opponents hope to rekindle some of the spirit of the 1980s when a statewide coalition formed and backed numerous resolutions at annual town meetings calling for a nuclear weapons freeze.

The Citizens Awareness Network and several peace and justice groups will stage a statewide tour in early August to try to generate support for closing down Vermont Yankee in 2012. The march and tour begins in Bennington and ends up in Burlington on Hiroshima-Nagasaki day after a stop in the state’s capital of Montpelier.

And, Montpelier will be the stage in 2008 as Vermonters take up the thorny issue of extending Vermont Yankee’s license another 20 years, ending with a potential vote in the Legislature.

Nuclear plant financing scarce

Business Gazette - Gaithersburg,MD,USA August 1, 2008 
 
As the Maryland Public Service Commission begins public hearings Monday on a potential new nuclear reactor, the debate about nuclear energy's cost and effectiveness continues.

The Maryland Public Interest Research Group released a report recently saying a new reactor at the Calvert Cliffs Nuclear Power Plant would lead to higher electric costs for Maryland ratepayers. The new plant's cost continues to escalate, and the project would likely receive substantial federal subsidies, the Baltimore organization says.

The reactor is planned by a subsidiary of Baltimore energy giant Constellation Energy Group and a joint venture involving Constellation, which owns the 1,735-megawatt, two-reactor Lusby plant on the Chesapeake Bay.

‘‘Nuclear reactors can only become financially viable by transferring risk to taxpayers and-or customers," the Maryland PIRG report says. ‘‘The long-term value of federal taxpayer subsidies for a new reactor at Calvert Cliffs could exceed $13 billion if it is one of the first new plants built in the United States."