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http://www.commondreams.org/newswire/2010/05/05-3

Feds Duck Nagging Problems with #1 Safety Rule at U.S. Nuclear Plants

Public officials, watchdogs seek investigation after NRC ignores fire 
experts’ warnings about risks at operating plants; modeling failure 
impacts new reactors too

DURHAM, NC - May 5, 2010 - Officials from five local governments near 
the Shearon Harris nuclear plant, and three watchdog groups, asked for a 
federal investigation into possible wrongdoing by the U.S. Nuclear 
Regulatory Commission involving the top safety issue at the nation’s 
reactors.  They say the NRC is ignoring its own safety regulations – and 
criticisms by numerous fire science experts – while attempting to bring 
scores of nuclear plants into compliance after over two decades of 
regulatory failure.

Beyond Nuclear, NC WARN and The Union of Concerned Scientists today 
filed a legal motion with the NRC’s Office of Inspector General.  They 
urged the OIG to issue an expedited “show cause” order directing NRC 
Chairman Gregory Jaczko to explain why his agency has allowed pilot 
programs by Progress Energy and Duke Energy to use risk calculations 
that failed, under required testing, to predict the ignition and spread 
of electrical fires.  The NRC is scheduled to grant license amendments 
to the Harris and Oconee nuclear plants very soon, which would bless 
them as finally achieving compliance.

The risk calculations, or fire “modeling,” are the scientific basis for 
a new regulatory plan intended to end years of controversy over the 
NRC's lack of enforcement.  The watchdog groups today sent the OIG 
extensive evidence that two international fire science panels, an 
industry trade association, a national testing lab and the NRC itself 
have found serious limitations that essentially render the models 
unreliable for safety decision-making.

"It looks more like smoke and mirrors than real fire safety," said David 
Lochbaum, director of the nuclear safety project at the Union of 
Concerned Scientists, during a press teleconference today.  He said the 
NRC seems so focused on scheduling that they’re willing to ignore key 
safety issues. "The NRC received very critical comments from independent 
fire scientists, but rather than fixing those serious problems, the 
agency essentially ignored them in order to approve the pilot projects 
and move ahead with new plants. The NRC is letting the U.S. public down."

Fire is ranked by the NRC as the leading safety factor – 50 percent of 
overall risk – for a U.S. reactor meltdown.  Current regulations were 
developed in 1980 following a near-disaster caused by fire at the Browns 
Ferry plant in Alabama.  But most plant owners have never met those 
regulations, so the NRC recently allowed them to attempt compliance with 
the fire modeling scheme.

The watchdogs say the NRC is ignoring the modeling problems apparently 
in order to provide the illusion that fire safety problems are resolved. 
  The new “risk-informed” regulatory plan is optional for all existing 
plants and for new ones that might be built.  Electric cables are of 
particular concern because they, themselves, are leading fire hazards, 
and because they are essential so operators can


shut down and cool the reactor following an accident or sabotage.  The 
groups also say the new risk-based fire strategy is fundamentally flawed 
because it explicitly ignores security threats.

“No one can accurately predict the level of fire risk derived from an 
attack on a nuclear power plant,” said Paul Gunter, Director of Reactor 
Oversight Project for the Takoma Park, Maryland based anti-nuclear 
group, Beyond Nuclear.  “There is no reliable way to evaluate fire risks 
from sabotage because of the lack of data, the limited range of 
scenarios considered, and large uncertainties about human performance,” 
he said. “This is why we continue to call for stringent enforcement of 
physical fire protection features as included in the long-standing 
regulations.”

Gunter and NC WARN director Jim Warren met privately with NRC Chairman 
Jaczko in March.  But the agency head dismissed the firmly worded 
concerns of the fire science experts.  He also would not explain why NRC 
has directed the pilot plants to use fire models that have not been 
“verified and validated” as required by regulations.  Nor would he 
explain why the agency intends to grant license amendments even though 
the NRC has begun a three-year retesting of fire models that failed in 
earlier laboratory experiments.

Mayor Randy Voller of Pittsboro, a Harris plant neighbor, explained why 
he wants the OIG investigation:  “Local officials must speak out for 
public protection by looking forward – instead of reacting after 
disasters.  The Gulf oil tragedy shows how catastrophe can strike even 
after assurances that industrial operations are perfectly safe – and 
it’s showing the intensity of consequences when such assurances prove 
wrong.”

The mayor, along with representatives from governing bodies in Chatham 
County, Orange County and the towns of Chapel Hill and Carrboro, sent a 
letter requesting the OIG investigation.  They also have asked U.S. Rep. 
David Price to urge NRC Chairman Jaczko to resolve the controversy 
before issuing any license amendments.

Price, whose district includes the Harris plant, was instrumental in 
gaining earlier investigations of the fire protection saga by the OIG 
and the U.S. Government Accountability Office.  In 2008 both agencies 
confirmed the complaints by these same nuclear watchdogs, reporting 
extensive shortcomings with NRC enforcement stretching back two decades. 
  The OIG and Congress have authority to seek prosecution if any 
individual causes the neglect of regulations designed to protect public 
safety.  The watchdog groups also plan to ask an NRC science panel, the 
Advisory Committee on Reactor Safeguards, to directly investigate the 
fire modeling issue.

Progress Energy reports having spent over $10 million on upgrades and 
studies for the new regulatory program.  The groups said the 
Raleigh-based power giant delayed compliance with the existing 
regulations year after year because that would have cost much more.

Jim Warren, director of NC WARN, pointed to President Obama’s recent 
admonishment that coal mine safety regulations “are riddled with 
loopholes.”  Warren called on Obama to apply the same standard to the 
NRC: “The nuclear industry has been gaming the NRC for decades because 
of persistent pressure to cut costs.  If the Obama NRC allows this 
travesty to continue, the U.S. could see more catastrophes that should 
have been prevented.”


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