More on the fate of Chalk River labs

If it wasn’t already in trouble enough, the media reported a “near miss” at the Chalk River Laboratory (CRL). It seems an operator at the NRU reactor erroneously shut off a cooling system but the error was immediately corrected by a manager who happened to be in the control room at the time. The only consequences were the doubts that this incident created about operator training and the overall safety culture at CRL.

The resulting negative media coverage comes at a very bad time. The government is looking for a commercial company to operate CRL. I suggested in a post here almost a year ago that a good solution would be to return the labs to the National Research Council (NRC), their original owner in the 1940’s. However, it turned out that I was wrong being much too optimistic about NRC’s ability to navigate in the troubled waters of the current government’s attitudes towards science, and basic research in particular. I read that NRC has been ordered to be “open for business” and it should serve the needs of industry. This is a depressing mantra of knuckle draggers of all political stripes in response to the issue of basic research. I won’t expiate on this theme any further other to say that right now NRC isn’t a feasible refuge for CRL.

It seems inevitable that we will see a commercial company running CRL. I can’t help being reminded of the recent “sale” of the reactor operation of AECL in Mississauga by SNC-Lavalin. Is there anyone out there that thinks in retrospect that this was a good idea? I’ll just confine myself to this question since there are legal strictures that prevent my commenting on the various accusations made against SNC-Lavalin executives for alleged unlawful activities. These unfortunate developments also make off shore sales of CANDU even more unlikely that they were before.

My understanding is that a company is being sought to operate CRL rather than to buy it. I’m sure there is an ideological component in this decision. The political right, now in power in Canada, believes that only private enterprise can operate businesses correctly whereas the left, of course, believes that only governments can. It’s like assuming that more accountants can ensure accountability but they can only document how much is spent foolishly rather than preventing dumb expenditures.

This model of government ownership with commercial operation has been used at US national laboratories for decades. Most of the R&D funding for them still comes from US federal government departments and agencies. In Canada this should be even more the case than in the US. The source of CRL’s funds will overwhelmingly remain the government of Canada and it’s mainly the magnitude of the annual budget that’s in question. To a large extent (80% or more?) the CRL budget must be labour costs. I hope I’m wrong but the main task of the commercial company would likely be drastic staff reductions. The advantages of doing it this way would be that the government could claim that the reductions were done by arm’s length “experienced” business people rather than by the government itself.

Let’s face it, there’s not much R&D of primary importance going on at CRL through no fault of the employees. There will be even less in the future without a new research reactor after NRU closes for good. CRL is very vulnerable to personnel cuts. One thing that could be done is to find new tenants for some of the lab. Is there any other nuclear-related group that could be located at CRL?

Yes. How about moving a large part of the CNSC (Canadian Nuclear Safety Commission) operation to CRL? They are now mainly located in Ottawa office buildings and I can see no particular objection to them being at CRL. It might even give them more exposure to nuclear than they now have (couldn’t resist the pun).

There are good reasons for doing this. Governments in the past have decentralized federal activities by moving them out of Ottawa for example Revenue Canada to PEI and NRCan’s CANMET labs to Hamilton. Certainly there would be whining about inconvenience and more travel effort on the part of CNSC staff. On the other hand housing would be much cheaper and they wouldn’t be that far from Ottawa. Commission staff is located at Pickering, Bruce, Darlington and Pt Lepreau with as the CNSC claims no “regulatory capture” and they could even arrange to have a small independent group devoted to regulating CRL. With so many “cops” buzzing around the hive it might also improve the safety culture at CRL.

I don’t really see any serious objection to moving most of the 900 CNSC people to CRL. Some wouldn’t want to move and buying some of them out would be an added benefit in reducing the personnel bloat at the Commission.

Think about the CNSC idea and if you like it, contact Cheryl Gallant, the CRL area MP. If Hamilton MP David Sweet could swing the politics of moving CANMET to Hamilton then she would have a good chance of giving a badly needed boost to her constituency by moving the CNSC to Renfrew County. The two MPs should compare notes and I suspect the CNSC move to CRL could be done fairly easily if approved by the PMO.

It’s easy to forecast the response of bureaucrats to the idea. They will try hard to stall any CNSC move to CRL on the grounds that studies of the lab’s future are underway, nothing can be done for years and besides they didn’t come up with the idea. Personally, I doubt that they will come up with any better idea if they continue to deny the need for a new research reactor. The advantage politicians have is they can tell the bureaucrats what the results of the study should be and when it should be concluded. It will be interesting to see how this plays out.

Reactor Costs – Checking out a bad analogy

The Canadian Nuclear Association has come up with an analogy to address the high capital costs of nuclear plants. It goes something like this:

We could live in a hotel with no upfront capital costs but most of us choose to pay a high initial capital cost to live in a house.

OK so it sounds cute but in my opinion comparing housing options has nothing with do with building nuclear plants. However, it does inspire me to pursue this capital cost argument a bit further.

Consider that a nuclear plant is built for $10 billion overnight cost. The latter means that not only the labour and material costs but also the cost of the funds borrowed during the time it takes to build the plant are all rolled into one overnight cost. The reactor cost quoted is not unreasonable and is probably a good guess for an Enhanced CANDU 6 (EC-6), the most likely candidate for Ontario’s new reactors.

Since we are talking about the housing analogy let’s go to amortization tables and find that the monthly mortgage payment at a 5% discount rate is about $5.34 per $1,000 borrowed in order to pay off the principle and interest in uniform payments over 30 years which was is the amortization period normally used for Ontario reactors. Applying this to the overnight cost we obtain an annual mortgage payment of $641 million.

Let’s assume that the plant is rated at 700 MWe (an EC-6) and it operates at 90% capacity factor. That gives an average annual electricity production of 5.52 billion kWh and thus, to cover the capital cost alone would require a little less than $0.116 per kWh. To this we would have to add O&M, fuel costs, decommissioning and used fuel management allowances and, since we are talking about a CANDU, a provision for refurbishment after 25-30 years.

The wholesale price of electricity in Ontario at periods of normal demand is around $0.02 to $0.04 per kWh. Roughly speaking Ontario Power Generation gets about $0.04 and Bruce Power about $0.06 per kWh wholesale for their generation. The consumer pays about $0.12 per kWh after transmission and distribution costs are added plus subsidies for renewables and debt repayment charges for past reactor construction. The foregoing numbers are a great oversimplification of a complex market structure superimposed over a lot of generally dumb political decisions but they do give us a basis for a rough comparison.

What jumps out at us immediately is that a $10 billion EC-6 doesn’t fit in the current economic framework for electricity in Ontario. Just paying the mortgage means the electricity produced is more than two to three times current wholesale prices before any add-on costs. Of course, there are many ways to play with the assumptions and juggle the numbers. Project finance and accounting experts know a myriad of dodges and tricks to come up with any cost of electricity one might desire. Low balling the initial cost to get the project approved is almost standard in the industry but can be counteracted to some extent by Blackett’s observation that the announced project cost should be multiplied by π to estimate the final project cost.

I like the following quote by David Fessler writing about investing in uranium (Jan 29, 2013)

“With regard to plant construction costs, natural gas is to nuclear as Wal-Mart is to Saks Fifth Avenue.”

This observation is proved yet again in Ontario. To fit current economics it looks like the new reactor capital cost should be in the range of $3-5 billion which won’t happen. (The capital cost of a comparable natural gas plant would be in the order of $1 billion but after that the economics depends on gas prices.) The usual way of getting around paying realistic amortization on the high capital costs of reactors is to have a government as your banker/guarantor which historically has proven to be the only feasible way of building them.

This also explains why refurbishing existing reactors to extend their useful lives is a much more attractive proposition economically than building new ones. In Ontario we’ve already paid for many of the older reactors but I hasten to add that we are still paying on our monthly electricity bills the construction debt for the four Darlington reactors, completed some 20 years ago.

Maybe the “hotel” in the CNA analogy is natural gas although there are comparatively lower capital costs? Strong reasons for building nuclear plants include mitigating climate change and reducing harmful pollution from fossil fuels but attractive economics isn’t one of them. However, in my opinion government subsidizing of nuclear power, as is done for wind and solar energy, is completely justified and necessary.

The house/hotel analogy just draws attention to this reality and in my opinion should shelved by advocates of nuclear power.

Darlington: Final thoughts on the hearings

The Darlington hearings gave a good snapshot of the current state of issues important to Canada’s nuclear industry. The CNSC decision to proceed with the Darlington refurbishment was made some time ago and can be best summarized by the following imaginary but typical dialogue.

There’s a thunder storm outside the hearing room. An intervenor points out that it’s raining but OPG staff denies it. CNSC staff says that rain is beyond the scope of the hearing: the Commission agrees and from then on ignores the rain issue.

The CNSC report on its decision that the refurbishment won’t harm the environment is similar in tone to those problems in elementary logic courses that start with “A always tells the truth, B always lies…” In this case A is OPG and B is all the 690 intervenors who participated. If the CNSC was smart, it would throw an occasional bone to the intervenors but they don’t because as we have seen their public communications skills are seriously underdeveloped. Maybe a better analogy would be to a highly stylized Kabuki play that must be presented every time when major nuclear decisions are to be taken.

Don’t get the wrong idea from my comments. Personally I’m happy that the refurbishment will proceed since it will preserve our nuclear expertise and keep our nuclear experts busy for at least a generation at which time we’ll probably know where the nuclear industry is headed. A few last thoughts on the hearings are in order here but no doubt I’ll return to some of these topics in future posts.

It seems that the Darlington plant is a Cuisinart for fish in the same way that a wind turbine is a Cuisinart for birds. The reactor cooling water channels suck in lake water containing fish and so ensure their demise. In fact this was purported to be the single serious environmental impact of the Darlington plant. So much handwringing over the fate of the fish by several intervenor groups didn’t make want to picket my local fish market. Personally I don’t like to eat fresh water fish. In my opinion salt water fish are far tastier although I’ll concede trout are pretty good. I can’t imagine eating a fish from Lake Ontario – a “round whitefish”, a “goby”, a “sculpin” or some other loathsome creature. However, if I heard correctly, there is at least one commercial fishing operation on the lake. It was opined that a $20k a year payoff would be sufficient to compensate the local fishing industry for the Darlington fish massacre which the head guy from OPG allowed they were willing to shell out. Suggesting that cooling towers should be used was anathema to the OPG types and the number of “independent” studies against them increased every time they were mentioned. In this case CNSC staff tried to hint that cooling towers weren’t the only choice for avoiding lake water cooling but OPG didn’t want to hear about it. Nothing was achieved and I gather this is a standard bit long familiar to audiences of CNSC hearings.

The anti-radiation types were out in full force drawing their usual foolish conclusions from the discredited Linear No Threshold (LNT) model of radiation effects which I like to think of as the “every little bit hurts” concept. The LNT is nonsense because it ignores the body’s DNA and cell repair mechanisms that are our defence against the background radiation from natural sources we are unavoidably exposed to. Without these defenses many species including humans might have long vanished from the earth as a result of cumulative radiation damage. Much stress was placed on tritium by those opposed to Darlington. With only tiny natural production from cosmic rays and the much larger amount dumped into the atmosphere by nuclear weapons tests in the 1950’s and 1960’s decaying by half every twelve years, it’s true that most of the tritium for example detected in drinking water originates from reactors. CANDU reactors are relatively large tritium producers compared to other reactor types but even so the tritium levels in local drinking water are minuscule and unlikely to have any health effects.

Radiation monitoring is a fiasco in the making because the Ontario Ministry of Labour, Health Canada, OPG, Natural Resources Canada and perhaps some local authorities were monitoring emissions from Darlington but none of them was able or willing to publish results in real time and none was trusted by the public. The guy from Health Canada even said the “politics” was the reason that their measurements weren’t available on line in real time. What happens in cases when the measurements of the agencies involved don’t agree for routine emission or particularly in an emergency? The CNSC solution was that they were going to get into monitoring because (don’t laugh yet) the public would trust them over other institutions. We should have in Canada as system at least as good as the one in France. If you are interested take a look at:

http://sws.irsn.fr/sws/mesure/index

Finally a really important topic that actually was beyond the scope of the hearings was OPG’s capability to successfully carry out the refurbishment. Their track record on such projects has been poor as has that of Canada’s nuclear industry as a whole. For example, I couldn’t believe that OPG was not going to replace the steam generators in the Darlington reactors because their corrosion measurements showed they would last for another 20 years or more. This decision has a high potential for disaster if they discover part way through refurbishment that steam generator replacement is in fact needed. This is a topic I plan to return to in other posts.

Darlington: Management of Nuclear Accidents

After Fukushima it became impossible to deny that serious nuclear accidents will occur from time to time and that more attention must be paid to mitigating their effects. In particular an important problem is how to effectively and efficiently evacuate the people likely to be affected by the radiation produced in the accident.
I should declare a bias at the start of this piece. In the 1960’s, as a young naval reserve officer, I did a two week course at the now-defunct Canadian Civil Defence College in Arnprior, Ontario. The College was an excellent school with all manner of training aids including simulated collapsed buildings for hands-on training in rescue, facilities for mass feeding of evacuees, demonstrations of how to set up casualty clearing stations, radiation monitoring and decontamination stations and so forth back in the day when it was believed that a nuclear war was survivable. From that brief experience I certainly didn’t become an expert in emergency planning but I did gain a lasting appreciation for what would be involved in assisting the victims of a nuclear accident. It is indeed a formidable task best left to experts and the key to success is a flexible well-established Command and Control structure that can deal with the accident situation as it evolves.
The point is that the population affected by an emergency need to feel there is a strong and capable authority in charge. This means there must be a good alerting system and very good communications as the accident unfolds. I used to show my nuclear engineering students the 1999 PBS documentary Meltdown at Three Mile Island. In the film politicians, media, engineers and local residents were brought together twenty years after the accident to share their experiences including the confusion over what was happening at the plant and the contradictory orders to evacuate. Jimmy Carter, then President of the United States, and Dick Thornburgh, then Governor of Pennsylvania, were both unable to get clear information on the accident and local municipal officials were left completely in the dark.
Similarly in the documentary Battle of Chernobyl Mikhail Gorbachev, leader of the USSR at the time, says he couldn’t find out what was happening in the first two days and in the end he had to resort to asking the KGB, the secret police, to find out for him the situation at Chernobyl. The reports on the Fukushima accident show that some authorities didn’t share information with others on radiation and in fact some people were evacuated to areas of higher radiation. The organizations operating all three reactors were more of a hindrance than a help and mainly confined themselves to issuing soothing reassurances to the public. For example, Gorbachev was told on the first day of the accident that the Chernobyl reactor was so safe it could be placed in Red Square with no resulting harm. Met Ed, the TMI utility and TEPCO, the Fukushima operator, were notoriously poor at communications not only with the public but also with government and the media.
What comes across strongly in all these accidents is the overriding importance of effective communications and the need for a centralized authority to coordinate and implement all aspects of dealing with the accident. It was clear at the Darlington hearings that OPG and the CNSC in particular had little understanding of how the existing organizations in place to deal with emergencies would operate. Representatives of the Durham Emergency Management Office and Emergency Management Ontario were called upon to be questioned at the hearings but my observation is that the Commission was unable to understand their message. At one point the CNSC president was asking the cool disembodied voice of an EMO official present by teleconference if he could give him “a plan he could hold in his hand” – I expected the song Call me maybe to start playing in the background.
My first recommendation is that the Emergency Management organizations have absolute control of the response to nuclear emergencies with offsite consequences. Otherwise there are too many other organizations and politicians that would meddle in the situation to create a total fiasco. I would further recommend that much more funding be invested in EM organizations particularly in areas around the reactor sites. This is a “no regrets” option since a higher level of preparedness would also have a positive impact on non-nuclear disasters.
In an on-site emergency the accidents to date have taught us that it was the fire fighters and local plant staff who fought to bring their reactors under control. The troop of lavishly paid suits power companies trot out for public performances only gave bogus public reassurances. Much is owed to the courage of the firemen of Chernobyl and the fifty men who stayed at Fukushima. I would strongly recommend that the OPG types stop drawing circles around their reactors based on dubious PSA calculations and instead put their efforts and their money into preparing and supporting the boots on the ground that will have to deal with an emergency.
Emergency management is far too important to be neglected because an accident is thought to be improbable.

Darlington: More Safety Related Issues

Three more significant topics related to nuclear safety came up at the hearings.

The first concerns the population near the Darlington reactor complex. The higher the surrounding population the more impact an accident would have. The Darlington station is about 70 km from downtown Toronto. The Pickering Nuclear Generating Station with its six operating and two dormant reactors is even closer to Toronto. As I understand it, the plan is to extend the life of the four Pickering B reactors until around 2025 and then close down the two remaining Pickering A reactors at the same time. If this goes as planned, all the Pickering reactors would be shut down in twelve years. Significant nuclear activity including decommissioning and used fuel storage would still remain at Pickering but the potential for a reactor accident with far reaching consequences would disappear.
On the other hand the four Darlington reactors as refurbished will operate until 2060 and perhaps two more new build reactors will be added to bring the total to six. With Pickering closed down one might want to reconsider whether it is a good idea to build new reactors so close to the major population centre of southern Ontario or indeed whether the continued operation of the current Darlington reactors after refurbishment is a good idea. New reactors could be built at willing communities such as the Bruce site, in the upper Ottawa valley and Nanticoke on Lake Erie. Indeed, why not share the economic wealth that the boosters love so much? I know that this is not going to happen but I strongly suspect that if we had it to do all over again we’d keep the reactors as far away from large populations as possible.
A second issue concerns reactor operation when the safety systems are unavailable. According to the Darlington hearings presentation of the Canadian Coalition for Nuclear Responsibility (CCNR), a venerable ant-nuclear group, reactors are sometimes operated with one or more of the safety systems unavailable. Not only that but the CNSC (and its predecessor the AECB) used to annually publish “statistics” on the unavailability of the safety systems but no longer does so even though OPG still provides them to the CNSC. The CCNR wanted to see them published again.
This became a classic case of the miscommunications that plague the nuclear industry. The CCNR would have us believe that the operators would in effect say “Doesn’t matter if all the safety systems are working, let’s start up the reactor”. On the other side the CNSC and OPG vehemently denied that reactors are ever operated without any of the four main safety systems available. As usual the truth is somewhere in between. CANDU reactors can operate for weeks and months without ever shutting down. At various times during continuous operation the safety systems are tested and sometimes one or more are temporarily unavailable. The number and duration of such outages comprise the statistics in question. It seems that both sides of the issue deliberately chose to misunderstand each other. The original question (i.e. why doesn’t the CNSC still publish the statistics) was never answered.
A third issue is the multi-unit nature of the Darlington station. All four reactors share a common control room, a large cavernous room (“area zero” as I recall), with a separate console area for each reactor. This makes the control area very vulnerable to accidents and malevolent actions. Both the Three Mile Island and the Chernobyl reactors involved in the accidents were in multi-reactor clusters. In both cases the neighboring reactors undamaged by the accidents continued to operate for years afterward. The key was that the other reactors had their own control rooms isolated from the damaged reactors so that for example radiation in or damage to the control room of one didn’t affect the others. In the case of Fukushima four reactors were involved and the problem there was the whether the reactors could be remotely operated from a secondary control room. Multi-reactor/single control room issues are being reconsidered internationally. I feel that intuitively one would prefer a separate control room for each reactor which is not the case at Darlington.
As for malevolent acts I personally doubt, with no particular knowledge for believing so, that any armed terrorist gang would attempt to fight its way into the common control room area but if they were successful all four reactors would be in danger. The actions of mentally disturbed workers including those with drug or alcohol problems are more likely to be the source of attacks on the shared control room area. The CNSC has been discussing mandatory drug and alcohol testing of reactor operators but as far as I can determine no regulations are yet in place. The good news is that a cyber attack, a technique that has already been used against nuclear facilities elsewhere in the world, does not appear to distinguish between control room configurations. Various comments on these matters were made by intervenors but in this case it is clearly in everyone’s interests to keep all the details of security arrangements secret.
I believe the first and third of the above problem areas arose from an overly optimistic attitude to nuclear safety on the part of Darlington’s designers stemming from a desire to save money by minimizing transmission loses and by having the reactors share common facilities.

Darlington: The Safety Elephant in the Room

Fukushima has changed our approach to nuclear safety to more emphasis on accident mitigation.

At these hearings the elephant in the room was not Elmer the traffic safety elephant well know to Canadian children but the Fukushima safety elephant. It shook up the way we look at nuclear safety.
The essential lesson from Fukushima is that future reactor accidents are much more probable than what we might like to think. Since then accident mitigation has become an urgent consideration as shown by the emphasis on emergency planning at the hearings.
According to the World Nuclear Association there have been almost 15,000 years of power reactor operation from about 1960 to the end of 2012. During that time there have been three serious nuclear accidents – “black swans” (Three Mile Island, Chernobyl, and Fukushima). This makes the probability of a serious accident about 1 in 5,000 or 2 x 10-4 per reactor year. One can play with this number by changing the number of reactors that melted down (three at Fukushima or not counting TMI as a serious accident) and so on but it’s the order of magnitude of the meltdown probability that is really of interest.
Each of these events occurred in a different reactor types (PWR, RMBK and BWR) in countries with differing nuclear cultures and regulation regimes. Aside from stressing the importance of overriding issues such as human error, institutional failure and design defects, it is difficult to know where to go with the black swan approach in analyzing reactor safety. Although certainly one can draw lessons from them after the fact as is being done for Fukushima, notably compensating measures for the complete loss of electrical power in a reactor plant (“total station blackout”) and further measures to prevent hydrogen explosions.
Contrast this with the traditional approach to reactor safety known as PSA (Probabilistic Safety Analysis/Assessment). This approach tries to examine all possible accident event sequences and figure out the probability associated with each sequence. In practice it’s very complicated and there can be hundreds or even thousands of events and sequences. To give an overly simplified example, let’s consider an accident sequence that starts with event A: a cooling pipe breaks, then B: a sensor fails to indicate the break, then C: the reactor operator doesn’t see the reactor temperature increasing, then D: a switch activating the emergency core cooling system doesn’t work, then E: the operator pushes the wrong button to correct this and F: a core meltdown occurs because the reactor overheats.
This too simple example illustrates some of the key aspects of PSA. The validity of the approach depends on the accuracy of the probabilities assigned to the individual events since the overall accident probability (of event F for example) is obtained by multiplying the probabilities of the individual events in the sequence. Some might be well known; perhaps the B sensor is used in many applications and its failure rate is well documented from experience. At the other end of the scale there are probabilities that one can merely guess at e.g. the initiating pipe break probability might be hard to evaluate. Another very important condition is that the probability of a certain event happening is independent of other events. This may not always be the case: event C implies an incompetent operator and therefore, event E may be more likely. For completeness all possible accident sequences need to be evaluated. There isn’t any way to be sure completeness has been achieved. Unfortunately, there wasn’t an event sequence at Fukushima that started with: “suppose there was a tsunami wave higher than the protective sea wall”.
Safety analysts in Canada and internationally continue to use PSA. In fact people have made whole careers in the nuclear industry putting bells and whistles on the basic PSA framework. While it has proven useless for predicting accident probabilities, PSA is useful for highlighting and correcting potential problems. In the context of the example above, perhaps a more reliable type of switch D could be installed or better training is needed for operators in terms of events C and E. The other important reason for continuing PSA is that there doesn’t seem to be any worthwhile alternative. As CNSC staff pointed out, PSA is still the international standard approach to reactor safety.
The problem is that PSA comes up with accident probabilities of the order of one in a hundred thousand or one in a million or even one in ten million per reactor year that are completely out of whack with the one in five thousand observed accident frequency. At the hearings I was disappointed to hear staff from the CNSC and OPG bandy about terms such as a “10-6 accident”, usually without the “per reactor year” unit giving the erroneous implication that these were realistic accident probabilities. In the best interpretation this could be excused as bad communications using nuclear jargon and in the worst interpretation a dishonest attempt to minimize the probability of an accident.
Much more serious was OPG and the CNSC using PSA as a basis for emergency planning. Statements were made that can be roughly paraphrased as “their (PSA) probability is so low that we don’t consider accidents with offsite consequences more than a few kilometers from the site” and “OPG has identified two catastrophic accident scenarios but their PSA probabilities are in the order of 10-7 and so we can safely ignore them”. Using PSA, discredited by experience as a method of predicting accident probabilities, is unscientific and intellectually dishonest. Thus, in my opinion, the hearings witnessed a disgraceful performance on the part of the institutions charged with our nuclear safety.

Darlington: CNSC Independence?

Several intervenors at the Darlington hearings expressed views that the CNSC was biased toward the nuclear industry. On the few occasions when he elected to acknowledge these claims the President, Michael Binder, countered by harrumphing “prove it”. With all the cards stacked in its favour I feel the onus should be on the CNSC to prove its independence rather than the other way round since its credibility is its most precious possession.
Any regulatory system always faces the difficult problem of the close relationship of the regulated and the regulators. A kind of Stockholm Syndrome comes into play which some called “regulatory capture” (There was a guy from Greenpeace who seemed so much a part of the current and past proceedings that he may be evidence of “intervenor capture” ) This perception is compounded by the federal government’s cost recovery program whereby OPG pays CNSC to be regulated. It seems that about 70% of the CNSC budget is obtained from the regulated. Similarly the location of many CNSC staff at OPG sites including Darlington increases the perception of a too close relationship. It was admitted that there was no personnel rotation system to prevent CNSC staff from being “captured” by OPG. Some of the high paying jobs at Darlington referred to by boosters are in fact CNSC jobs.
Speaking of jobs the CNSC now seems to have a staff numbering about 850; this is double the 1999 staffing level of 425. It’s difficult to see how the CNSC can justify doubling its staff in a decade of declining nuclear activity or is it just a symptom of empire building?
Even the format of the hearings leads to an impression of bias. The CNSC members sit at a long table as a tribunal with the applicants, in this case OPG, on one side before them with Commission staff on the other. Those who come to give their views to the Commission, the intervenors, are placed in a position between OPG and CNSC staff. It’s almost as if the intervenor is the “accused” in a trial. Several intervenors admitted to being nervous and feeling intimidated by this arrangement. On the plus side, there was often applause from the audience in support of their presentations.
The nature of the hearings is such that CNSC staff and OPG almost always tag teamed to reply to the comments of the intervenors because both sides have agreed on the issues raised in various documents negotiated beforehand. Similarly, what can be discussed and what can’t be (i.e. the scope of the hearings) was predetermined by OPG and the CNSC and often as Inspector Clouseau would say “the old beyond the scope ploy” was used to prevent certain subjects being raised. It was no wonder that Intervenors got the feeling they were being ganged up on by Commission staff taking the side of OPG.
At one point an intervenor directly challenged the CNSC’s distribution of literature promoting the nuclear industry. The President claimed that section 9b of the Nuclear Safety and Control Act of 1997 permitted the CNSC to do so. It’s worth quoting the section:
“[an object of the CNSC is] to disseminate objective scientific, technical and regulatory information to the public concerning the activities of the Commission and the effects, on the environment and on the health and safety of persons..”The crux of argument is not whether the CNSC can legally disseminate information but rather whether the promotional material is “objective” and “scientific”. No useful discussion of this point took place because the President simply deflected the issue via a legalistic argument based on 9b.
Another independence issue raised was that according to the biographies on the CNSC website it appears one Commissioner worked for OPG as recently as 2011. The perception of a potential conflict of interest was possible and in fact this was raised by at least two intervenors. Once again this was sidestepped by the President. While I’m not impugning the integrity of this particular individual, I would say that the “optics” was poor and in my opinion recusal would have been more appropriate for an OPG application.
Speaking of optics perhaps the CNSC should report to Parliament through the Minister of the Environment rather than the present arrangement of via the Minister of Natural Resources. That might help position the Commission as more independent in some minds particularly when under new legislation it can conduct full Environmental Assessments.
The cynical might say that the current President might be more disturbed by accusations of being perfectly objective rather than of being biased. The fate of his predecessor, Linda Keen, who apparently was too objective for the government, must always be on his mind. My impression is that the present incumbent doesn’t realize the Commission’s serious credibility problem and it’s a pity he doesn’t seem willing to do obvious things to fix it.

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