4/18/11 Arnie Gundersen updates with his invaluable & expert analysis

Gundersen Discusses Current Condition of Reactors, TEPCO Claim of “No Fission” in Fuel Pool, and Lack of Radiation Monitoring in from Fairewinds Associates on Vimeo.

Gundersen analyzes new pressure and temperature data from the Fukushima reactors and containments.  

TEPCO recently denied that the fuel pool in Unit 4 was experiencing a partial inadvertent criticality, despite the finding of radioactive iodine-131 (an isotope with an eight-day half-life).  The utility blamed the iodine on deposition resulting from the explosion of the other buildings.  Gundersen takes an in-depth look at TEPCO’s Theory.  

Lastly, he discusses the FDA decision not to monitor fish for radioactivity.

Necessary, Not Sufficient

 

Let me admit the obvious at the outset: IANAL. Still, a few things in Entergy's lawsuit against Shumlin and the State regarding Vermont Yankee.

For now I'll ignore the Memorandum of Understanding where Entergy agreed that the Public Services Board and Vermont law are not pre-empted by Federal regulations.  Paragraphs 6 through 8 of their complaint in particular caught my eye:

6. The question presented by this case is whether the State of Vermont, either through a state administrative agency (the PSB) and/or the state legislature (the General Assembly) may effectively veto the federal governments authorization to operate the Vermont Yankee Station through March 21, 2032. The answer is no.

7. Vermont’s attempt to shut down operations at the Vermont Yankee Station through regulatory or legislative denial of a CPG is preempted by the federal Atomic Energy Act(“AE.A”), 42 U.S.C. § 2011 el seq.

8. Under the AEA, a State may not interfere with the federal government's exclusive authority over the operation of a nuclear power plant. A State’s regulation of the “construction or operation of a nuclear powerplant[,] … even if enacted out of non-safety concerns, … directly conflict[s] with the NRC’s exclusive authority over plant construction and operation.” PacificGas & Elec. Co. v. State Energy Res. Conserv. & Dev. Comm 'n, 461 U.S. 190, 212 (1983)(“PG&E”). Vermont’s CPG scheme, whether administered by the PSB or the General Assembly interferes with exclusive federal authority over the continued operation of a nuclear power plant.

It's interesting to me that they choose to cite PG&E v State Energy Comm'n because I find much that undermines their argument therein:

From the passage of the Atomic Energy Act in 1954, through several revisions, and to the present day, Congress has preserved the dual regulation of nuclear powered electricity generation: the Federal Government maintains complete control of the safety and “nuclear” aspects of energy generation, whereas the States exercise their traditional authority over economic questions such as the need for additional generating capacity, the type of generating facilities to be licensed, land use, and ratemaking.

[A State moratorium on plant certification] does not conflict with federal regulation of nuclear waste disposal, with the decision of the Nuclear Regulatory Commission (NRC) that it is permissible to continue to license reactors, notwithstanding uncertainty surrounding the waste disposal problem, or with Congress' recent passage of the Nuclear Waste Policy Act of 1982 directed at that problem. Because the NRC's decision does not and could not compel a utility to develop a nuclear plant, compliance with both that decision and [A State moratorium on plant certification]is possible. Moreover, because the NRC's regulations are aimed at insuring that plants are safe, not necessarily that they are economical, [A State moratorium on plant certification] does not interfere with the objective of those regulations. 

[A State moratorium on plant certification] does not frustrate the Atomic Energy Act's purpose to develop the commercial use of nuclear power. Promotion of nuclear power is not to be accomplished “at all costs.” 

The Supreme Court noted that States can make decisions about nuke plants based on non-safety, including economic, considerations.  But notice the broad fudge word in Paragraph 8 that Entergy uses to condemn our Legislature's role in certifying the plant: operation.  

They claim that a “State may not interfere with the federal government's exclusive authority over the operation of a nuclear power plant,” and I guess that's true as far as it goes.  But they rely on the logical fallacy of ambiquity.  Does 'operation' in this context mean day-to-day activities that are clearly in the NRC's demesne, or simply whether a plant can operate or function at all per a State's certification requirements?

Clearly the Legislature is not attempting the former.  Nobody is asserting the State has power or responsibility for safety or generation at Vermont Yankee.  However, we have the right to decide whether to allow the plant to continue operating in our state in the first place, as the SCOTUS held:

[T]he legal reality remains that Congress has left sufficient authority in the States to allow the development of nuclear power to be slowed or even stopped for economic reasons. 

The Court affirmed that if we'd rather shut down VY and invest heavily in sustainable energy, for example, which will create more jobs and cut our electricity costs, we can do so without violating the AEA.  Our Certificate of Public good, per Act 160, must be issued under the auspices of precisely the same language as the AEA, if the Legislature determines it promotes “the general welfare”.  It is not predicated on any safety determination.

So, Vermont does, in fact, have an “effective veto” over the NRC's authorization to operate VY after its sell-by date.  I even confirmed that interpretation with the NRC itself:

Todd, 

The holding of an NRC license does not guarantee operation of a facility.  The facility may have other requirements, such as permits with the state, which preclude operation of the facility.  

Diane Screnci

Sr. Public Affairs Officer

USNRC, RI

610/337-5330

NRC approval is a NECESSARY, not a SUFFICIENT, condition for continued operation.  In other words, Vermont could not say VY's license will be extended if the NRC said no, because we need uniform minimum standards to keep other states safe (imagine if we had a Fukushima-esque event where highly radioactive water spilled into the Connecticut River), but the mere possession of the NRC's blessing does not compel a utility or the State to actually run the plant.

I'm sure clever lawyers can make hay with just about anything in the PG&E decicion or AEA or Constitution or common law or whatever else, but my read is that Entergy's argument is radioactive poppycock and their case will melt down like an exposed fuel pellet.  And VY is neither necessary nor sufficient for Vermont's energy future.

ntodd

 

Anne Frank, 2011

I will not turn you in

but I will turn away

when the time comes

for them to take you

away kicking and screaming

into the custody of fear

we all have our fears

one of mine Anne is

that the airline won’t

let me board after finding

something on me I wrote

about some evil far away

and ruin my vacation

so I must turn away now

from labor movements

war protesters and the most

helpless and tormented

from my neighbor who makes

trouble with the town

from my friends who speak

in a forbidden language

Anne you must learn to hide

better so I won’t have to see

what I must turn away from

to not look to save myself

for the tomorrows I must live

when all is taken away

yes you must hide yourself

hide your anger and grief

your art and your politics

your love of what is forbidden

then I won’t have to look away

I won’t have to look at all

Peter Buknatski

Montpelier, Vt.

Entergy Files Suit vs. VT

(To the courts !

Entergy and VY show their hand – promoted by BP
)

Just in:

Entergy Corporation announced that two of its subsidiaries, Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, have filed a complaint in U.S. District Court for the District of Vermont seeking a judgment to prevent the state of Vermont from forcing the Vermont Yankee nuclear power plant to cease operation on March 21, 2012.

http://www.theflyonthewall.com…

On Tenant’s Eviction Day Advocates Highlight Sub-Standard Housing Conditions

Advocates Highlight Sub-Standard Housing Conditions on Tenant's Eviction Day

 46 South Main Street, BARRE, Vermont

Monday, April 18, 2011 at 12 Noon

Contact:

Jean Tong, jean.vermontworkerscenter@gmail.com

Heather Pipino, bettypageturner@gmail.com

In March 2006, Kai Sun Huang, a 60 year old Chinese immigrant, rented an apartment in Barre, Vermont from Daniel and Kathleen Thompson. A few weeks before, Huang met the Thompson's at a barber shop-beauty salon and was shown the apartment with promises made by the landlord to fix it up before Huang moved in.

The house was in disrepair – with evidence of mold and water damage in nearly every room. Unfortunately, those conditions continued and grew worse during Mr. Huang's five years of living there. Many other tenants came and went, but Mr. Huang sought justice.

As programs for the most vulnerable continue to be slashed, more Vermonters – both long-term and recent citizens alike – will continue to face challenges in seeking practical legal recourse, despite law that support their efforts.

Mr. Huang began withholding rent in July 2007, after many verbal and written attempts to address the structural flaws of the premises to the landlords. Frequent flooding from the roof was common, broken pipes due to responsibility for heating enused, crumbling walls, flaking lead paint, and long-standing mold and water damage were not repaired safely or at all.

While the City of Barre Inspector deemed the unit was “no longer to be used for human habitation,” Huang lost in court due to refusal to permit access to the apartment. Huang did not have legal representation and as a result, was ordered to pay over $18,0000 in back rent. Huang paid the back rent in full and will be evicted on 4/18/2011.

In a written statement Kaisun said, “I wanted to have an up to code, safe, decent, place to stay, go to work, and support my family. I am a tenant living in really bad housing owned by a landlord who doesn’t respond to my repeated requests to repair the apartment. All the apartment units are unlivable and mine is the worst. I’ve learned heart-breaking lessons about how unattainable the American dream is for a new immigrant like myself, because it is hard to just meet basic needs, even though I am a hard-working person and I have worked at the same factory for the last 5 years. I have a family I want to take care of. But I don’t have a decent place to live. I don’t understand how the landlord can continue to rent this place out. What I want to see everyone in Barre to have livable housing. I want to see everyone living in a healthy environment and treated with dignity.”

Community organizer Heather Pipino said, “An increasing number of Vermonters face deteriorating housing conditions, unaffordable heating expenses, and are living in unsafe and undignified situations. It troubles me that there aren't enough advocates to support the most vulnerable within our communities. Our budget priorities — most notably our inability to tax higher income earners — have created a tenuous situation where it's nearly impossible to achieve any sort of human right to fair housing.”

Kaisun's story exemplifies the challenges faced by low-income tenants when seeking advocacy support and legal representation in an over-burdened and under-staffed system. Advocates will be offering tours of the property to point out many repairs that could've been made without access to the apartment under eviction, as well as highlight the challenges for achieving housing justice in an economy that doesn't put people first.

 

 

 

 

 

 

 

Ah… Spring

The last week has been kind of insane.  I’ve been ridiculously busy and constantly feeling overwhelmed.  And yet… I somehow manage to find time to bird.  And even when I’m not looking for birds, they manage to find me.  

Take, for example, when I got lost and ended up in Orford, NH.  In the process of trying to figure out where the hell I was, I came across, of all things, a Peregrine Falcon:

And while that was a really nice look at a damned fine bird, it was far from the best I’ve had this month.

Sidenote, before I continue– these are all smaller versions of the photos. They are, however, all clickable to larger versions with details (location where photo was taken, details on camera info, etc.)

With Spring comes bugs, and with bugs comes flycatchers.  This Eastern Phoebe is a fairly reliable sign of Spring’s return:

Less reliable, but still nice is the Fox Sparrow.  It’s kind of like a great big, rusty brown, song sparrow.  They’ve been hanging out by our feeders for the past few weeks now:

Mergansers, such as these hooded mergansers, show up in full mating mode:

And, of course, there are swallows.  The trick I’ve learned to photographing swallows is fairly simple: take a whole lot of photos, and get lucky.  In this case, I got very lucky:

And speaking of lucky: dark morning, poor light– I didn’t get this wood duck in time, even though it was very close, but the shot a moment later was actually quite beautiful:        

And, of course, a visit to Parker River Wildlife Refuge, yielded lots of nice birds including Northern Pintails, which we only tend to get in migration:

Not to mention the Summer-long resident Killdeer:

And a bird I much more frequently see in the Northern Climate of Vermont (year-round, not just in Spring) than on coastal Massachusetts, the small and elusive Brown Creeper:

And back in Vermont, there are Ring-necked ducks all over the place right now.        

But the bird that wins the week, that wins the season for me so far, is the tricky to find, difficult to photograph American Bittern.  This bird was hanging out in a bunch of reeds and I just randomly spotted it while driving down the road.  It was so unexpected that I almost thought I’d imagined it.  Indeed, when I went back to photograph it, I thought I had because it took me a few minutes to find it again.  When I first spotted it, it was stalking through the reeds:

But as soon as it noticed me photographing it, it decided to morph into “I’m hiding and you can’t see me” mode:

“See, I’m not here.  I look like a reed.  You can’t see me.”

True story, from a birder friend of mine: he once found a Bittern standing a few feet away from a copse of tall reeds.  It spotted him and immediately just shot upright as in the photos above.  He could, of course, see it because it wasn’t actually in the reeds.  He watched at this bird figured out that it was still exposed, those eyes darting back and forth for a moment.  Then it just sort of sidled its way over.  The way he described it comes across as something you’d see in a cartoon– I could just picture it holding up a sign that says “I’m not here.”  Or maybe it was attempting a jedi mind trick: “This is not the heron you’re looking for.”

So… Spring.  Even when I’m not birding, the birding finds me.

Running under Shumlin’s nose?

Vermonters probably wouldn’t fault or be shocked by a politician keeping the next campaign never far from his or her mind. And certainly not many would fault an office holder for wanting to keep their face in the spotlight and their ear to the ground listening to the public mood.

However I am left wondering if Vermont Lieutenant Governor Phil Scott hasn’t crafted a highly visible yet stealthy campaign for higher office that operates right under Governor Shumlin’s nose.

Scott’s “Vermont Everyday Jobs” initiative featuring the required Republican heavy emphasis on listening to businesses is designed to:

promote Vermont businesses and highlight the hard work that Vermonters do every day in all areas of our economy. By finding out firsthand, and in a hands-on manner, what it takes to make Vermont businesses work, the Lt. Governor will gain a better understanding of what state government can do to help those businesses work better. The tour will also help to facilitate relationships and ongoing dialogue between Vermont business leaders and their representatives in state government.

It’s hard to miss the genius of what Republican Lt. Governor Phil Scott, who bears more than a passing resemblance to the Discovery Channels’ “Dirty jobs” host Mike Rowe, hit upon with his “Vermont Everyday Jobs” Initiative. It’s a pre-chewed publicity package for cash strapped local media outlets, Facebook and social media. It is as if the last gubernatorial election’s contrived and awkward listening tours by former Lt.Gov.Brian Dubie had evolved legs or wings to emerge from the primordial ooze of past elections as a higher campaign life form to live among us year round.

Scott has so far spent his “Vermont Everyday Jobs” publicity outings gaining a better understanding of being an emergency department worker at a hospital, a worker on an electric utility power line crew, fast lube franchise oil changer, a solar panel assembler and spelling instructor at a K-2 school.

That’s six “Everyday Jobs” events under his belt (about one every 2 weeks) with more likely to follow in a steady series of press releases.   Maybe the concept came to him while watching TV.

Spam

(User banned-kestrel9000)

Spam is celebrated in a small local festival in Austin, Minnesota, where Hormel corporate headquarters are located. The event, known as Spam Jam, is a carnival-type celebration that coincides with local Fourth of July festivities, featuring parades and fireworks that often relate to the popular luncheon meat. Austin is also home to the Spam Museum, and the plant that produces Spam for most of North America and Europe. In addition to the periodic celebration, there is a national recipe competition where submissions are accepted at the top forty state fairs in the nation.

Hawaii also holds an annual version of Spam Jam in Waikiki during the last week of April.

The small town of Shady Cove, Oregon is home to the annual Spam Parade and Festival, with the city allocating $1500 for it.

The Spam Jam is not to be confused with Spamarama, which is a yearly festival held around April Fool’s Day in Austin, Texas. The theme of Spamarama is gentle parody of Spam, rather than straightforward celebration: the event at the heart of the festival is a Spam cook-off that originated as a challenge to produce an appetizing recipe for the meat. The festival includes light sporting activities and musical acts, in addition to the cook-off.

iCare, iOrganize, iMatter — a 350 Vermont Youth Leadership Workshop

   

* Are you in middle or high school, ready to be a leader on climate change & to take a stand for your future?

* Looking for more powerful ways to make a difference & join a youth-powered movement that’s rising up in every corner of the world?

* Do you want to help organize a mega huge climate rally for iMatterMarch this Mother’s Day?

Come join the iCare, iOrganize, iMatter — a 350 Vermont Youth Leadership Workshop, in Montpelier on April 23rd, for aspiring young leaders from all regions of Vermont.

The aim of this workshop is to bring together many new and emerging climate leaders from around the state to arm them with the tools and connections to be dynamic and effective climate organizers — both in their schools, communities, and as a statewide force for change.

Join us for a full day of training, networking, collaboration and the making of big plans for the future. Beyond the workshop, you’ll all have a chance to work together right away by organizing for iMatterMarch’s May 8 nationwide day of youth-powered climate activism.

Following May 8th, we’re looking forward to working with and supporting this emerging power group to unite a movement of young people for real change across Vermont.

Solving climate change is about safeguarding your future, and a planet you deserve to live on. Ultimately, it will be the youth who inspire humanity to rise to this challenge — and right we now we need your voices loud, clear, and bolder than ever before.  

Registration form: Click HERE

Through this workshop you will:

   * Get to work with EXCITING Young leaders (YOU), PRESENTERS, and other great PARTICIPANTS.

   * Build momentum for a campaign and lead.

   * Explore new online and offline campaigning techniques.

   * Organize and put your ideas, skills, and inspiration to use with new friends.

Food: Snacks and Lunch will be provided

Cost: This event is free!

Got questions?

Bring ’em on. Please email Jenna Whitson, Jenna@350vt.org

Details at a glance:

Youth Climate Leadership Workshop

Date: April 23rd, 2011

Time: 10am-5pm

Location: Montpelier, Vermont

Registration deadline: 19th April 2011

Registration form: Click HERE

Who: Middle and Highschool students with a passion to lead action and change in their communities

On the Beach: Fukushima 2011

There is an excellent article on GlobalPost  that features a lengthy interview with Arnie Gundersen.  In the article, interviewer David Case raises a lot of the nagging questions to which we have only been getting vague answers through conventional media:  How do the radioactive releases at the Fukushima reactors compare to those from Chernobyl? What is the potential for the situation there to grow even worse?  What will be the long-term impacts on the health of the Japanese people?  What will be the long-term implications for human health around the world?

The answers, brutally honest and fully explained, are not encouraging.  Of the greatest immediate concern is the prossibility that a self-starting chain reaction is unfolding now in Reactor #4 where structural damage has allowed fuel rods to come in contact with each other.  That reactor is so severely compromised at this point that it would take little seismic activity to bring down the whole building.  With no functioning “brakes” to the chain reaction, it  could lead to a fuel pool fire, ejecting some very toxic materials directly into the atmosphere for wide distribution.

As Arnie points out, the accident at Chernobyl involved a single reactor, with a single catastrophic release.  At Fukushima, the ongoing crisis involves essentially four reactors and, counting the spent fuel pools, the equivalent of eight reactor cores!  He says that even without the massive explosion that jettisoned tons of radioactive material into the atmosphere at Chernobyl, the collective release of radioactivity from all the separate failures at Fukushima may already have more than equalled the release at Chernobyl.

Comparing the current industrial catastrophe to that at Bhopal, India in 1984, Arnie remarks

I absolutely disagree with the scientists who say that Fukushima’s not going to hurt anyone. The numbers I’ve seen, from reputable scientists, are that Fukushima is going to kill 200,000 from increased cancers over the next 50 years.

And, for those of us who didn’t buy the official argument that the ocean will “dilute” radioactive waste in the effluent from cooling,  Arnie explains what its implications may be in the world-wide food chain.

Take the time to read it all, including Arnie’s excellent perspective on how we should view our future energy needs.  It’s well worth the read.