The Hearings on the Deep Geological Repository at Bruce

These hearings which concluded at the end of October 2013 concerned Ontario Power Generation’s plan to build a Deep Geological Repository (DGR) at its Bruce nuclear site to bury low level (LLW) and intermediate level (ILW) nuclear waste.

The story we are asked to believe is that Bruce area municipal politicians approached OPG in 2004 with their own plan to build this DGR. The motivation was that their towns needed money and the locals were nuclear friendly. OPG, the ever benevolent organization that it is, decided that it would like to have a DGR and agreed to pay the surrounding municipalities some $35M over a similar number of years. OPG then discovered much to its surprise and delight that the local geology was suitable even if the DGR would be built very near Lake Huron. They then applied to the CNSC which in turn set up a panel to hear the environmental arguments pro and con.

Why does OPG want to build the DGR at Bruce so near the Great Lakes? Why do they need to build it now given they have lots of room to safely store the waste for decades? I find it rather cute that the answer to both of these key questions is the same namely that local municipalities want it. In my opinion there is no need for a DGR for decades and when the time comes for one the Bruce site isn’t an appropriate place for it.

One of the local mayors is the preferred media spokesman for the DGR rather than an OPG executive presumably in order to maintain the script. I don’t think anyone is buying this story but on the plus side we should give OPG credit for not using “once upon a time” in their media releases.

To put it kindly the issue of what’s going to be buried in the DGR has evolved with time. At first it was just LLW and ILW (200,000 cubic metres) from routine reactor operations in proportions of 80% and 20% respectively.

As far as the stuff OPG said originally that they are going to bury I wouldn’t personally be upset if the whole lot was dumped off a pier into the lake at Bruce. The level of activity per unit volume is very small and the dilution factor is so huge that I wouldn’t expect more than a miniscule increase in the total radioactivity of the Great Lakes water I drink. Heaven knows there are numerous other chemicals and pharmaceutical residues already in the water. However, I wouldn’t want to see old overalls or mop heads floating around and I would hope OPG reduced such items to ashes prior to them going into the repository.

OPG has now started talking about putting the waste from refurbishment of the Darlington reactors and presumably also from decommissioning the Pickering reactors in the DGR up to another 200,000 cubic metres. This “mission creep” for the DGR is a huge step beyond from the original plan of waste from reactor operations and several intervenors pointed that out at the hearings.

Human nature being what it is, in a decade or so I would expect OPG to start talking about this DGR as a repository for high level (used fuel) waste. It’s easy to imagine the type of arguments that would be made: we already have a DGR and we don’t need to spend the extra money building another one; the Bruce DGR is working well and the locals accept it; adding the used fuel would only mean a relatively small expansion to the existing DGR; and, it’s proven too hard to get anyone else to take the used fuel and the Bruce DGR is now the only option. I don’t believe I’m being overly cynical in predicting that the Bruce DGR could well become the one and only DGR for Canada. The CNSC says that this would be illegal. This is true under current legislation but, as we have seen recently with environmental assessments, laws can easily be changed by Parliament.

I would suggest that the only type of undertaking that would guarantee that no used fuel (and if desired no decommissioning/refurbishment wastes) could be buried in this DGR would be a treaty with the Saugeen Ojibwa Nation (SON). SON has been a key player during the hearings questioning many of the issues mentioned above. Treaties with First Nations are very sensitive and, unlike in the past, are hard to break in today’s social context. More generally this could be an opportunity for First Nations as a group to demand from the federal government a comprehensive treaty covering all aspects of radioactive materials in and around the Great Lakes (Remember Bruce Power’s attempt to ship its steam generators via the lakes.) Such a document would serve to clarify future relations between the nuclear industry and First Nations to the benefit of both parties. There’s lots of time to do this because there is no urgency whatever for the DGR.

One development at the hearings I found very disturbing. Prior to the hearings the Ontario police came to the homes of some intervenors who opposed the DGR and telephoned others in order to “maintain order” although there was never any prospect of even mild public protests. They also stationed plain clothes police in the hearing rooms to discourage protests. I realize that the readers of this blog are from some 70 countries outside of Canada and may not understand or care about what is politely called “asymmetric policing” in Ontario. In a nutshell this means the OPP, the Ontario provincial police, take positions on public issues as ordered by the Ontario Liberal Party ruling the province. They then selectively enforce existing laws ignoring those that do not conform to the party’s position. The OPP has this in common with other infamous police forces that I won’t name here to avoid excessive drama.

This psychological intimidation and harassment of hearing witnesses by the police was appalling. I don’t agree with much of what the intervenors said or would have said. Nevertheless it was their democratic right to have free speech without police threats. I was unpleasantly surprised that the Panel would continue the hearings after police interference was proved. In this respect the Panel did a poor job of preserving the integrity of the process. It would have been much better to have an experienced judge in charge to ensure fairness rather than an amateur Panel chair. For this reason I feel the hearings were badly flawed and the Panel’s conclusions should be considered as tainted.