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Posts Tagged ‘Luminant’

Back in March, the Dallas Observer reported about the chance that Energy Future Holdings (EFH – formerly TXU) the state’s largest power generator, was verging on bankruptcy,  Our question then was – are Texas ratepayers going to have to pay for EHF’s bad bet?

Before and since then, there has been a lot of talk about how the EPA is threatening our ability to keep the lights on in Texas.  It was just last fall that Dallas based Luminant claimed that it would be taking 2 coal-fired generating units at the Monticello plant offline due to the cost of complying with newly proposed EPA regulations.

Now, with EPA’s Cross-State Air Pollution Rule off the table, Luminant is going to take the Monticello plant offline for the winter season anyway.  The reality of the energy market in Texas and across the U.S. is that coal isn’t the cheapest option anymore.

Now comes the Dallas Observer with a new article questioning EHF’s Luminant generation division’s claim that EPA regulations are going to be the cause of plant closures.

Brantley Hargrove writes:

Does Texas’ biggest electricity generator, Dallas-based Luminant, just have one hell of a poker face, or should we not read too much into Friday’s announcement that it will idle two units at its Monticello plant for six months? If you’ll recall, the company threatened to idle the units last summer, a time when record demand almost forced rolling blackouts. It claimed that an EPA rule designed to reduce the amount of harmful air pollution wafting across state lines was going to force the company to remove 1,200 megawatts from the grid, enough to power more than a million homes.

Texas politicos were quick to pile onto the agency’s “job-killing” regulations, which they said threatened the very integrity of the grid. “As expected, the only results of this rule will be putting Texans out of work and creating hardships for them and their families, while putting the reliability of Texas’ grid in jeopardy,” Gov. Rick Perry scolded from the presidential campaign trail.

“The rule will impose great costs on coal-fired power plants, causing some to shut down or curtail operations, threatening the state’s electrical capacity reserve margins needed to avoid power disruptions during times of peak demand,” Texas Commission on Environmental Quality director Bryan Shaw warned. “Such a scenario could lead to blackouts, which create serious health risks for Texans dependent on reliable energy.”

To hear them tell it, Texas was given a brief reprieve when a federal appeals court stayed the rule pending oral arguments. And when it tossed the Cross-State Air Pollution Rule altogether last month, the court’s decision was heralded as a decisive coup for Luminant and Texas electric reliability.

“EPA’s illegal micro-managing of state air-quality plans was so specific that immediately after the rule-making it was clear that coal-powered energy production at Texas-based plants operated by Luminant, a big utility, would have to be cut,” a Wall Street Journaleditorial opined. “Tuesday’s ruling means Luminant will be able to keep 1,300 megawatts of power online in Texas, which needs more electricity because unlike other parts of the U.S. in the Obama era it is growing.”

But no sooner had Texas Attorney General Greg Abbott crowed over his “defeat” of the “EPA overlords” than Luminant announced it would idle those two Monticello units anyway. Awkward. For between six or seven months, starting in December, they will sit dormant. Luminant spokesperson Allan Koenig blames low power prices. Monticello has been running below capacity as it is, he says. They’ll be back online in time for next summer’s heat wave. In the meantime, somehow, Luminant won’t lay anybody off.

What Koenig says about the power market is true: The price of electricity fell along with the price of natural gas back in 2008. Ever since then, their bottom line has gotten pinched, along with everyone else’s.

But Luminant is a special case, troubled by a unique predicament, causing some to wonder whether we can lay everything at the feet of the cruel market. The real problem came (as we examined in a March cover story, “Blackout Blues”) when private equity firm Kohlberg Kravis Roberts saddled the former TXU with tens of billions of dollars in debt. The bull electricity market KKR was betting on went bearish, and the newly reconstituted Energy Future Holdings’ already daunting mountain of debt became insurmountable. Analysts think the company’s preparing for an impending bankruptcy.

So, the coal-fired plants KKR expected Luminant to ride into profitability are now cheaper to shut down, particularly when seasonal electricity demand is low. That makes sense. It made sense, too, that as the generator navigated treacherous financial straits, costly pollution controls on aging, depreciating coal-fired units wouldn’t be the wisest investment. It’s one big expense they can’t currently afford. Nor can it afford to lose money by running a coal-fired plant.

It all causes one to wonder, though: Now that the threat of regulation has, albeit momentarily, passed, and the units it threatened to shut down because of clean air rules have gone dark anyway, what was the point of all that brinksmanship? Was Luminant playing a high-stakes game of chicken to ward off regulations by threatening to idle a plant it was going to idle regardless of the outcome? Luminant’s Koenig says the shut down is “in no way related” to last year’s regulatory standoff. “Federal regulation is very, very different from low power prices,” Koenig says. “We can’t control either, but we can respond to regulation and low power prices. The argument to me, it’s absolutely apples and oranges.”

Yet others in the industry say it’s all about the market. Always has been.

“These regulations will not kill coal,” John Rowe, until recently the leader of one of the country’s largest generators, told an audience at an American Enterprise Institute conference. “In fact, modeling done on the impacts of these rules shows that up to 50 percent of retirements are due to the current economics of the plant due to natural gas and coal prices.”

If fingers need to get pointed anywhere, point them in that direction, and at LBO architects that left the company all but incapable of navigating these choppy Texas waters.

We are wondering the same and believe market factors are impacting the coal industry more than the EPA and the current administration.

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Planning for Texas’ energy future must include drought proofing our energy supply with energy efficiency and renewable energy, not propping up old dirty fossil fuel plants.  To that end, we applaud the Electric Reliability Council of Texas (ERCOT – the Texas electric grid operator) for calling Luminant’s bluff to shut down the aging Monticello coal fired plant in North Texas, and finding that we don’t need to pay a premium to run one of Texas dirtiest coal plants to keep the air conditioners running.

In October of this year, the EPA announced new regulations (called the Cross-State Air Pollution Rule or CSAPR) to reduce air pollution from industrial facilities like coal-fired power plants on downwind communities. Prior to the release of this new rule, TXU/Luminant, the largest power generating company in Texas, blamed the impending EPA regulations for job losses and subsequently announced it would be shutting down two of its coal units at Monticello.

Three Texas Luminant plants (Monticello, Martin Lake, and Big Brown) are some of the dirtiest coal plants in the country, and would be impacted by any new air pollution rules the federal government might impose.  But compared to other coal plants, these three plants alone are:

  • 46.8% of all Texas coal plant      emissions (19 existing coal plants)
  • 41.5% of all Texas coal plant SO2      emissions
  • 36.0% of all Texas coal plant PM-10      emissions
  • 30.6% of all Texas coal plant NOx      emissions
  • 71.7% of all Texas coal plant CO2      emissions

and by all
rights should clean up their act or shut down.  However, a report from TR Rose Associates shows in detail how Luminant’s shuttering of these coal plants is most likely due to poor financial management rather than regulation of their air quality emissions.

Right now in Texas, the drought and the expected heat wave next summer is far more of a problem than U.S. Environmental Protection Agency (EPA) rules for water intensive plants like coal and nuclear electric generation plants.  If we are to keep the lights on next summer, the Governor, the Texas Commission on Environmental Quality and the Public Utility Commission of Texas should develop a plan to use energy more wisely and efficiently during the summer and not worry about the shuttering of dirty old coal plants.

After receiving notice that Luminant, had filed a Notification of Suspension of Operations for Monticello Units 1 and 2, ERCOT – the grid operator – had to make a determination about whether it was okay for Luminant to retire the units rather than idle them so that ERCOT could call on them to run in a grid emergency.  This is what ERCOT calls a “Reliability Must Run” (RMR) status determination.  An RMR status for the old Monticello units would have meant that Luminant might have been getting paid a premium to run these units at full capacity next summer, with almost no limits placed upon the type or amount of emissions during that activity, the implications for Dallas/Ft Worth’s air quality would probably have been significant.

According to a release by ERCOT, “As required by Protocol Section 3.14.1(1), ERCOT has completed its analysis and determined that Monticello Units 1 and 2 are not needed to support ERCOT transmission System reliability (i.e., voltage support, stability or management of localized transmission constraints under first contingency criteria). ERCOT, in coordination with Oncor, has identified Pre-Contingency Action Plans (PCAPs) and Remedial Action Plans (RAPs) which will be used to ensure transmission security without the need for RMR Agreements associated with these Resources. . . Based upon this final determination, the Resources may cease or suspend operations according to the schedule in their Notice of Suspension of Operations.”

So to recap:

  • Luminant threatens to shut down its two old units at Monticello coal-fired generating plant and blames the new EPA Cross State Air Pollution Rules.
  • A report from TR Rose Associates shows Luminant’s shuttering of these coal plants is most likely due to poor financial management rather than regulation of their air quality emissions.
  • ERCOT determines that these Monticello units are NOT needed to maintain grid stability.

Luminant 0 : State of Texas 2

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Public Citizen, Sierra Club and SEED Coalition are calling on Luminant to come clean and retire, rather than idle, the old dirty coal plant, Monticello 1 and 2.

After receiving notice that Luminant Generation Company, LLC, has filed a Notification of Suspension of Operations for Monticello Units 1 and 2 with the Electric Reliability Council of Texas (ERCOT), these environmental groups called on Luminant to retire the units rather than idle them and be more forthcoming with long-term plans that will affect workers.  While Luminant and Texas have been in the headlines repeatedly for their opposition to the Cross State Air Pollution Rule, the rule would effectively help Dallas/Fort Worth meet the minimum public health air quality standards for the first time in years. Yet, if Luminant only idles the plants, then chooses to run them at full capacity next summer, the implications for Dallas/Ft Worth’s air quality remain unclear.

“Luminant has been frightening Texans with claims that power will become scarce if the company is not allowed to continue polluting unabated.  But other Texas utilities are cleaning up their act without difficulty, and this summer’s successful growth of coastal wind demonstrates there are multiple ways to meet Texas’ electricity needs.” said Jen Powis, representative of Sierra Club’s Beyond Coal Campaign.   “Indeed, the Public Utilities Commission and ERCOT both have multiple tools in their arsenal that can be used to ensure grid reliability as Texas moves beyond coal.”

Luminant states that the rule unfairly targets their existing generation, yet a review of the 2009 self-reported emissions inventory maintained by the Texas Commission on Environmental Quality demonstrates that the three Luminant coal plants (Big Brown, Monticello, and Martin Lake) are the top 3 industrial polluters in Texas among nearly 2,000 industrial plants. They are exceptionally dirty plants:

  • Combined they emit 25.5% of state industrial air pollution
  • Combined they emit 33.8% of state industrial SO2 air pollution
  • Combined they emit 11.4% of state industrial PM10 air pollution
  • Combined they emit 10% of state industrial NOx air pollution
  • Combined they emit 37.6% of state industrial CO air pollution

Comparing Luminant’s three coal plants only to other coal plants, however, shows an even more problematic tale.  Luminant’s Big Brown, Monticello, and Martin Lake are:

  •  46.8% of all Texas coal plant emissions (19 existing coal plants)
  • 41.5% of all Texas coal plant SO2 emissions
  • 36.0% of all Texas coal plant PM10 emissions
  • 30.6% of all Texas coal plant NOx emissions
  • 71.7% of all Texas coal plant CO emissions

“We call on Luminant to move beyond posturing and sit down at the negotiating table with EPA in good faith to discuss responsible retirement plans for these plants, like CPS Energy in San Antonio is doing. This approach would be good for consumers, our health and the environment,” said Tom “Smitty” Smith of Public Citizen’s Texas office.

“In order to protect the health of Texans, Luminant must plan now to retire these old coal plants. Monticello has often been the worst emitter of toxic mercury pollution in the nation,” said Karen Hadden, Executive Director of the Sustainable Energy and Economic Development (SEED) Coalition. “We don’t believe Luminant’s plans to retrofit these plants are economically feasible given the company’s poor financial health. Their plans rely on multiple expensive changes, any of which could simply fail to materialize. Luminant should commit to retire Monticello Units 1 and 2, and work with ERCOT, EPA, and public interest groups to prioritize clean energy generation.”

Public Citizen, Sierra Club and SEED Coalition call on Luminant to cease the use of scare tactics, and commit to a plan to retire its Monticello Units 1 and 2, paving the way for clean energy in North Texas. All three groups also call on ERCOT and the PUC to move forward by implementing new rules for energy storage, distributed renewable energy like onsite solar, energy efficiency, demand response, and a restructuring of the Emergency Interruptible Load System to assure there are maximum options available next summer.

“The Legislature has already granted broad authority to ERCOT and PUC to expand our use of these tools,” noted Cyrus Reed, with Sierra Club. “Now it’s time for them to step up to the plate, begin implementing these measures, and using their time to create solutions rather than fight clean air protections.”

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Here’s some great news! With EPA tightening the standards for coal plant emissions, Energy Future Holdings, the parent company of Luminant (formerly TXU) and the major electric power provider for much of North and West Texas, is considering how to respond to new federal clean-air regulations.  Yesterday they announced they will mothball 3 coal plants in Northeast Texas.

In a filing with the U.S. Securities and Exchange Commission, the company said it was looking at all options including other shutdowns or slowdowns, as well as seasonal or temporary shutdowns, and the option of installing scrubbers to remove sulfur dioxide from plant emissions, or even switching fuels to fire the furnaces that generate the steam used to generate electric power.

This will significantly improve air quality and the health of people that live near the plants and downwind.  The company is concerned about the expense of controls that would be needed for these old and dirty plants.

CPS Energy in San Antonio is already planning to mothball and then retire Deely 1 & 2 coal plants for the same reasons.

Blue skies smiling at me,
Nothing but blue skies do I see

Ozone days, all of them gone
Nothing but blue skies from now on

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Data on Dangerous TXU-Luminant Pollution Underscores Need for Strengthened Environmental Safeguards

The Sierra Club released new reports indicating that three large, North East Texas coal-fired power plants owned by Luminant, formerly TXU, are single-handedly causing violations of federal air quality standards.  The three East Texas coal plants addressed in the reports — Big Brown, located in Freestone County, Monticello, located in Titus County, and Martin Lake, located in Rusk County, have a history of environmental problems.  The new reports indicate that sulfur dioxide emissions from the troubled coal plants are causing air pollution in nearby areas that exceeds the federal air quality standard for sulfur dioxide (SO2).  The reports come a week after the Environmental Protection Agency (EPA) issued a rule that requires coal-fired power plants in 28 states, including Texas, to cut dangerous SO2 emissions.

“TXU-Luminant’s coal plants have been a problem for public health and the environment for a long time now.  Big Brown, Monticello, and Martin Lake top the list of the nation’s worst polluters,” said Neil Carman, Sierra Club’s Clean Air Program Director.  “These reports reveal that the TXU-Luminant coal plants’ emissions of dangerous SO2 pollution are more than double the allowable amount of that pollutant.  

The new EPA safeguard is designed to protect public health by setting a maximum amount of SO2 considered to be safe for Americans to breathe. The reports by Khanh T. Tran of AMI Environmental, show that the three coal plants are each modeled to emit SO2 pollution at levels that are predicted to far exceed the federal standard – even without taking into account other background sources.

SO2 is linked to asthma, other respiratory illnesses, and heart disease.  SO2  is especially harmful to those with existing conditions, such as asthma, and is associated with increased emergency room visits, according to the EPA.

In 2010, TXU-Luminant’s three coal plants emitted the following tonnage of SO2 into the air:

Martin Lake                ~76,000 tons of SO2
Big Brown                    ~63,000 tons of SO2
Monticello                   ~58,000 tons of SO2

TOTAL in 2010      ~ 197,000 tons of SO2

Ilan Levin, attorney with Environmental Integrity Project, said “Despite lots of promises, TXU-Luminant continues to be the poster child for dirty coal-fired power plants.  The levels of dangerous contaminants being put into the air and water from just these three coal plants is staggering.”   

Highlights From the Reports:

  • Big Brown, Monticello, and Martin Lake are the top three emitters of sulfur dioxide emissions in Texas
  • Martin Lake coal plant was modeled to exceed safe limits by over 189%, and the area of exceedances is up to 10 miles away from the coal plant.
  • The report’s modeling shows that each coal plant is causing exceedances of sulfur dioxide air quality standards independently, without taking into account other sources of SO2 pollution.

TXU-LUMINANT OPTIONS

“A series of additional EPA environmental safeguards  are pending that will require  coal plants to install a series of retrofits to meet toughening clean air and water  standards. We estimate these retrofits  could cost  as much as $3.6 billlion for all three of the plants,” said Tom ‘Smitty’ Smith of Public Citizen’s Texas Office.  “TXU-Luminant should consider retiring these aging coal plants and replacing them with cleaner energy options such as energy efficiency and renewable energy including geothermal, wind, and solar power. TXU-Luminant has already made some clean energy steps, however they could create many more jobs by transitioning away from dirty coal toward clean energy.”

An earlier report released in March 2011 by the Sierra Club, The Case to Retire Big Brown, Monticello and Martin Lake Coal Plants details financial issues at the North East Texas TXU-Luminant coal plants which are the subject of today’s air modeling reports.  The financial report’s author Tom Sanzillo found, “The bottom line investment decision: should $3.6 billion, and possibly more be invested into plants that are nearing the end of their useful life (usually fifty years) in a regional economy that is not conducive to coal plants. Throughout the United States coal plants are being retired because the market in mid and late stage plants are no longer profitable.”

Neil Carman, Clean Air Program Director with the Sierra Club’s Lone Star Chapter summed it up this way, “TXU-Luminant should begin phasing out and retiring the dirtiest coal plants – these plants are public health hazards and that is not acceptable — nor financially viable.  TXU-Luminant would do much better to strongly transition to clean energy.”

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Luminant, operator of the two-unit Comanche Peak nuclear power plant 45 miles southwest of Fort Worth, shut down the facility’s Unit 1 reactor about 7 p.m. Thursday and they were still working earlier today to correct the problem that caused the shutdown.  No word yet as to when the unit would be back online. 

Luminant says they were  investigating the cause of this issue, but decided to to take the unit offline to ensure the continued safety of plant employees and plant reliability due to a problem related to an under-voltage relay, which ensures the appropriate amount of voltage is provided to a pump motor.

This outage comes on the heels of STP’s almost month long shutdown back in November of 2010.  See our earlier blog post about that outage.

EDITOR’S NOTE:  Comanche Peak’s Unit 1 was reported back on on Saturday, January 15th.  We were unable to find out what time the nuclear reactor was brought back on line that day, but know that the unit was off line for more than 24 hours.

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Citizen opposition to more nuclear reactors at Comanche Peak continues. On August 6th the Atomic Safety and Licensing Board (ASLB) Panel found that Luminant had failed to adequately analyze issues brought by concerned citizens in their Petition to Intervene in the proposed expansion at Comanche Peak Nuclear Power Plant.

“This is a major victory for those living near Comanche Peak and throughout Texas,” says Karen Hadden, Executive Director of Sustainable Energy and Economic Development (SEED) Coalition. “The ASLB Panel has recognized in their decision that Luminant has not sufficiently analyzed alternatives to nuclear power as the law requires.”

The Comanche Peak Interveners (formerly referred to as Petitioners) include SEED Coalition, Public Citizen, Ft. Worth-based True Cost of Nukes and Texas Representative Lon Burnam, District 90, Ft. Worth. On June 10th-11th, the Interveners’ attorney, Robert V. Eye, went before the designated ASLB Panel and argued the admissibility of the 19 contentions filed with the Nuclear Regulatory Commission on April 6th challenging the adequacy of Luminant’s application to construct and operate Comanche Peak Units 3 and 4. Four months later, the ASLB Panel found that two of the contentions deserved further inquiry and delayed a decision on the Interveners’ contention dealing with the Luminant’s lack of plans to deal with catastrophic fires and/or explosions.

“The Environmental Report in Luminant’s application is seriously flawed,” says Mr. Eye. “The collocation of Comanche Peak Units 1 and 2 and the proposed Units 3 and 4 is never considered in light of various accident and radiological release scenarios. A radiological accident at one unit could cause collateral impacts and disruptions in operations at the other units, and Luminant should have considered this.”

The contentions admitted for further adjudication in the August 6th ASLB decision are as follows:

Contention 13. Impacts from a severe radiological accident at any one unit on operation of other units at the Comanche Peak site have not been, and should be, considered in the Environmental Report.

Contention 18. The Comanche Peak Environmental Report is inadequate because it fails to include consideration of alternatives to the proposed Comanche Peak Units 3 and 4, consisting of combinations of renewable energy sources such as wind and solar power, with technological advances in storage methods and supplemental use of natural gas, to create baseload power.

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stop nukeOral Hearing Set for June 10th-11th in Granbury, TX

Citizen opposition to more nuclear reactors in Texas continues. On June 10th-11th an oral hearing will be held before the Nuclear Regulatory Commission’s Atomic Safety and Licensing Board on Citizens’ petition to intervene in Comanche Peak Nuclear Power Plant Units 3 and 4.

“I have many grave concerns about building more nuclear reactors in Texas,” said Texas Representative Lon Burnam, District 90, Ft. Worth, one of the petitioners seeking to intervene in the proposed expansion of Comanche Peak. “The risks are simply too high. As the most expensive and most water intensive energy source, and with the unsolved problem of how to handle the radioactive waste, Texans deserve better.”

SEED Coalition, Public Citizen and the Ft. Worth-based True Cost of Nukes are also petitioners. Attorney, Robert V. Eye, will go before the designated Atomic Safety and Licensing Board Panel and argue the admissibility of the 19 contentions citizens filed with the Nuclear Regulatory Commission on April 6th. These contentions point out the inadequacies and the incompleteness of Luminant’s combined operating license application (COLA) to construct and operate Comanche Peak Units 3 and 4.

“Luminant has failed to comply with new federal regulations regarding aircraft impacts,” stated Mr. Eye. “These new regulations are very specific and require the applicant to plan for catastrophic fires and/or explosions that would cause the loss of major critical functional components in the plant. After 9-11, an aircraft attack on a nuclear power plant is a real and credible threat. Moreover, fire hazards represent about half of the risk of a nuclear reactor meltdown. Luminant’s noncompliance with these regulations puts citizens around Comanche Peak in a dangerous position, which is completely unacceptable.”

“Nuclear power is dangerous, expensive and obsolete,” says Karen Hadden, Executive Director of Sustainable Energy and Economic Development (SEED) Coalition. “Wind energy is booming and the cost of solar is coming down, while the costs of proposed nuclear plants is skyrocketing. Although they’re required to do so, Luminant failed to fully consider safer, more affordable alternatives to nuclear in their license application.” (more…)

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stp-water-pond2HB 2721 threatens to fast-track water permits for nuclear plants, which use vast quantities of water. Water is precious, and Governor Perry has just requested federal aid for all 254 counties in Texas due to statewide drought. Water permits should be given careful scrutiny, and not be rushed. This bill, which will be heard tomorrow on Earth Day, would actually deny citizens the right to a contested case hearing for these water permits!

According to Greg Harman over at the San Antonio Current’s QueBlog:

To cool down the superheated water used to create electricity can take hundreds of thousands of gallons of water per minute. According to the Sustainable Energy & Economic Development (SEED) Coalition fighting nuclear power in the state, the plants proposed at Comanche Peak in North Texas would require104,000 acre feet per year: 33.8 billion gallons.

To ease the potential political stew that could come from the plants’ permit applications (if they are built), Canton-based Representative Dan Flynn filed a bill to fast-track the water permitting process. (Dan was joined by Houston’s Rep. Bill Callegari as co-author a couple days after the bill was filed and has since also been joined by reps Randy Weber, Tim Kleinschmidt, and Phil King.)

Under House Bill 2721, the Texas Commission on Environmental Quality must create “reasonably streamlined processes” to move those applications along. One key way to move a controversial permit it to not allow the TCEQ refer it to the State Office of Administrative Hearings for a public airing. (more…)

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simpson-nuke This week citizens submitted two separate filings to the Nuclear Regulatory Commission (NRC) opposing Luminant (formerly TXU)’s proposed Comanche Peak nuclear reactors. Petitioners include state Rep. Lon Burnam, the SEED Coalition, Public Citizen and the Ft. Worth based True Cost of Nukes.

In the past, NRC has made  companies jump through two major hoops before their operating license is granted.  First, the company must complete the reactor design certification process which ensures that the design for the plant is safe.  If a company decides to choose a pre-certified design that has been built before and the NRC has vetted, they may get their operating license faster because they can skip dealing with design issues.  After their design is approved, the company can then file for their license to operate in a separate process.  This is when citizens have the opportunity to analyze such documents as the Environmental Impact Statement and file contentions.

But for this new fleet of nuclear plants being licensed, the NRC has streamlined this process, combining both the design certification and licensing process into one.  This is a major problem for reactors such as those proposed at Comanche Peak because they are submitting a design that has never been built before anywhere in the world.  It hardly makes sense that NRC can approve a plant to operate when they don’t even know if the plant design is feasible or safe, but that is exactly what is happening.  This is kind of like getting in car and driving off to the drugstore when you’re not sure where it is and… oops, might not even know how to drive.

“By 
moving 
the
 license 
forward
 without 
having 
certified
 the 
design,
 the
 NRC
 is
 violating
 its 
own 
rules,” 
said 
attorney 
Robert 

Eye,  “The
 licensing
 process
 should
 be 
halted 
until 
the 
NRC 
can 
honestly
 say 
that 
the 
reactor
 design 
is 
safe.”

Rep. Lon Burnam has compared what the NRC is doing to making those living near Comanche Peak “guinea pigs in a radioactive experiment.”  Other nuclear plants that have 
gone forth with construction before their design was finalized and approved by regulators have seen serious complications.

In addition to the madness of the NRC’s licensing process, there were even further contentions filed concerning defects in Comanche Peak’s license application.  These contentions include:

  • inadequate fire protection
  • no viable radioactive waste disposal plan
  • inability to secure against airplane attacks
  • financial, health and safety risks
  • vast water consumption
  • failure to address safe, clean energy alternatives

The next step in this process is for the NRC to respond to citizen’s petitions and contentions.

For further information on contentions filed, check out SEED Coalition’s press release after the jump. (more…)

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A message from our director, Tom “Smitty” Smith:

efficient-homeToday the House and Senate are working to reconcile their different versions of the long-awaited economic stimulus package. The stakes are now higher than ever for Texans, who stand to gain from billions that could go toward developing renewable energy and efficiency in the state, reducing pollution from diesel engines, and cleaning up abandoned nuclear waste sites.

But as much as the state needs that massive investment in our energy future, there is a troubling side to the senate version of the stimulus package: Senators amended the stimulus bill to include $50 billion in loan guarantees for new nuclear plants in Texas and elsewhere in the nation.

If Congress needs a reminder why this is a bad deal, it should just ask Wall Street why it doesn’t loan money for nuclear reactors. According to the Congressional Budget Office, nuclear loans default at a rate of 50%. Banks learned long ago that these plants simply can’t be built on budget and aren’t viable without massive taxpayer subsidies. Texans are still paying for the last generation of over-budget nuclear plants each month in a hidden charge on their electric bills. (more…)

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hourglassHey Look!  A press release from SEED Coalition and Public Citizen:

60 Day Clock For Nuclear Opponents Starts Ticking;
Luminant Moves Forward Toward Expansion of Comanche Peak Nuclear Plant
Reactor Design Not Ready for Primetime

The Nuclear Regulatory Commission posted notice today on the federal register of Luminant’s application to build two reactors at the Comanche Peak nuclear plant site, southwest of Fort Worth. Citizens now have only 60 days to prepare and present their legal case in opposition.

The reactor design (US-APWR) has not been approved by the NRC and it has never been built anywhere in the world. Mitsubishi Heavy Industries Ltd. submitted the US-Advanced Pressurized Water Reactor (US-APWR) for design certification on December 31, 2007, but the review will take the NRC at least until 2011 to complete.

“This fast-tracked combined construction and operating license process was rationalized based on the assumption that new reactors would only use pre-certified designs, but the Comanche Peak reactor design is not approved yet. Not only does this put a huge burden on the public to quickly learn what’s happening and become involved within only 60 days, but it also puts pressure on the NRC to rubberstamp designs that should have extra scrutiny,” said Smith.

“The streamlined process is designed to cut citizens out and limit public involvement in the licensing of two reactors that could cost $22 billion before cost overruns,” said Karen Hadden, executive director of the Sustainable Energy and Economic Development (SEED) Coalition. “It makes the fast-tracking of TXU’s coal plants in Texas look slow.”

Comanche Peak Unit One ran ten times over budget and was years late coming online. An untested reactor design increases the likelihood of similar problems occurring again and soaring rate hikes that would result.

“If safety was a real concern, the three processes all occurring simultaneously would be take one at a time. This rush increases risks of safety oversight and problems from faulty design and construction” said Hadden. “Reactor designs should be analyzed first, and if and when the NRC deems them adequate, a construction license application should be allowed. If the plant has no major construction flaws after completion, then the operating license should be decided.” (more…)

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Hey, look! A joint press release from Public Citizen Texas, the Lone Star Chapter of the Sierra Club, and the SEED Coalition:

An NRC Environmental Scoping Meeting will be held on Jan. 6th in Glen Rose, Texas to take comment on the environmental impact study for two nuclear reactors proposed for the existing Comanche Peak site. A coalition of environmental and consumer groups and their members will be telling the Nuclear Regulatory Commission and Luminant (formerly TXU) that nuclear plants are “too risky, too expensive and too dangerous” to help Texas meet its power needs, and makes no sense when clean, safe, affordable options exist. The coalition of groups said they
only learned of the hastily called public meeting to seek input on environmental issues on December 24th.

“We’ve been down this road before,” noted Cyrus Reed, Conservation Director of the Lone Star Chapter of the Sierra Club. “The utility industry sold Texas on Comanche Peak and the South Texas Project and consumers have been paying the ‘stranded’ costs ever since, even as valuable water resources are expended and radioactive waste piles up on-site.”

Luminant proposes to build two more nuclear reactors at the existing Comanche Peak nuclear site near Glen Rose, in Somervell County, using an unproven, untested technology known as USAPWR. “The design of the reactors has not been certified and has never been builtanywhere in the world. Why should Texas serve as guinea pigs for a dangerous radioactive experiment?” asked Karen Hadden, Executive Director of the Sustainable Energy and Economic Development (SEED) Coalition. “Design problems as well as human error led to numerous problems and shutdowns of Comanche Peak reactors in the past. The competence and character of Luminant need to be examined closely since the history of the existing reactors is disastrous. In the past, there was a chance to fix nuclear reactor construction problems before an operating license was issued, but that safeguard is gone with the new licensing process.” (more…)

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compeakIn an era dubbed a “nuclear renaissance” by the nuclear industry and during which the Bush Administration has pushed one package of subsidies after another, the Nuclear Regulatory Commission (NRC) has indicated that they expect up to thirty applications to be filed to build additional nuclear plants.  Currently, five or six of those proposals are moving through the complicated multi-stage process.  Of these early applications, three of them (for 6 nuclear units, 2 per application) are proposed for Texas.

One of these applications is for Comanche Peak Nuclear Power Plant, located four and a half miles northwest of Glen Rose in Somervell County and about 80 miles southwest of downtown Dallas.  Luminant (formerly TXU) filed an application September 19, 2008 to build two additional nuclear units on this site.

The Fort Worth Weekly summarizes the history of Comanche Peak:

The process of building and licensing the original pair of reactors at Comanche Peak turned into one of the most contentious – and frankly scary – developments that North Texas had seen in many years. By the time the plant was finished, it had come through major problems in the construction process, was hugely over budget and more than 10 years behind schedule, and had gone through a hard-fought licensing process that many believe added greatly to the safety of the plant. During that process, activists often questioned the objectivity of the NRC inspectors involved.

Given the problematic history of this plant’s previous licensing process, one would think that the NRC would take particular care in making sure the public felt included in the process. But environmentalists, concerned citizens and the media were caught off guard when federal authorities waited until Christmas Eve to send out notice of a public hearing on the proposed expansion scheduled for January 6th.

Officials confirmed that electronic notices of the Jan. 6th meeting were sent Wednesday, Dec. 24th. In defense of their timing, the NRC pointed the media to an online news release dated Friday, Dec. 19th. Though dated for Friday, the release was not actually posted to the website until Monday, Dec. 22nd.

The notification system is supposed to let interested parties know when these events are occurring in a timely fashion.  Burying the notice on Christmas Eve hardly holds to this standard. (more…)

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The Dallas Morning News wrote a sweet editorial last week lauding Public Citizen’s efforts to require that Luminant abide by stricter mercury emissions standards at the new Oak Grove coal-fired power plant under construction near Waco:

When authorities failed to require Luminant, formerly TXU, to abide by stricter federal emissions standards at a coal-fired power plant under construction near Waco, the Sierra Club and another watchdog group, Public Citizen, had to step in.

The groups threatened to sue Luminant when it got a pass from state environmental regulators to use more relaxed, older pollution standards at its two-unit Oak Grove power plant near Waco instead of following tighter new restrictions for mercury emissions…

Clearly, the Sierra Club and Public Citizen meant business with their lawsuit, bolstered by a federal appeals court ruling in February that said the Environmental Protection Agency had to enforce mandatory cuts for mercury emissions at power plants, as the Clean Air Act requires. Mandatory means companies like Luminant can’t regard compliance as optional or arguable.

The lawsuit would have proved costly and could have delayed next year’s scheduled opening of Oak Grove, so Luminant worked out a deal to ensure that its emissions stay within Clean Air Act limits. Luminant promises to control mercury emissions using “maximum achievable control technology,” but if it still exceeds limits, the Oak Grove plant could be forced to curtail operations.

If this is what it takes to make Luminant and other polluting power companies abide by the law, at least Texans can breathe easier knowing they’re in compliance. We still look forward to the day when coercion is replaced by cooperation in the effort to clean up the air we breathe. Until then, watchdog groups deserve praise and support for making sure pollution standards are respected – and enforced.

Oh, stop it, Dallas Morning News!  You’re making us blush! Many thanks to the editorial board for giving credit where credit is due.  It sure is nice to feel appreciated :)

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