Indian Point, Vermont Yankee, V.C. Summer

If you happen to live in New York's 26th Senate District, which contain the Indian Point nuclear plant and is represented by state Senator Liz Krueger, well, the senator would like to know what you think of the plant. She wants to close it, but to her credit, she does want to know what her constituents think. I would guess that a fair number of her constituents work at Indian Point or at one of the many businesses that benefit from its presence. Even constituents who have no connection to the plant might regret losing clean energy in favor of something other.

So go ahead. Tell Sen. Krueger what you think. She wants to know.
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The Christian Science Monitor has up an interesting story on what the effect may be of the lawsuit brought by Entergy - actually, two of its subsidiaries - against the state of Vermont. Naturally, this is all speculative, with the possibilities ranging from "nothing" to "a whole lot." Read the post a few below to see what the lawsuit is all about, but essentially, Entergy says the state cannot close Vermont Yankee; only the federal government can do that.

Under existing law, states have definite – if strictly limited – rights regarding nuclear power plants. These included a say in the siting, economics, transmission, aesthetics and other issues. States do not have authority over safety and licensing. That resides squarely with the federal government.

The Vermont case could reinforce those states’ rights, expand them – or see them overturned entirely. Entergy argues the federal government has near-complete control over the licensing of nuclear power plants. If the case rises to the US Supreme Court, as some suspect it might, the ruling could sharply curb federal say on nuclear power plants inside state lines.

See? Everything or nothing. I guess you could argue that Entergy is only asking that the laws as it understands them hold force here, that it is not asking that any law be overturned or altered.

The article focuses on only one of Entergy's arguments:

"If this case were to change the 1983 court decision, then every state would lose the power they've had since joining the union," says Michael Dworkin, former chairman of the Vermont Public Service Board. "We're talking about a state's power over land use and all powers not expressly taken away by Congress. That's what's at stake if the company convinces the Supreme Court to take away those powers currently granted."

Well, no. Entergy in its suit notes that Vermont Yankee contributes electricity to states other than Vermont - this is true of most energy plants, since most contribute to multistate grids - and that falls under interstate commerce. And it is the federal government not the states that controls interstate commerce via the commerce clause of the constitution.

It is a complex case and will be interesting to follow. I cannot pretend to understand all the issues involved and we haven't yet seen Vermont's response to the suit. Very early days. Given that, the Monitor piece is pretty good withal and writer Mark Clayton will help you understand at least some of the issues here a little better.

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Let's wrap up with some positive news:

Federal nuclear regulators say there are no environmental impacts from two proposed nuclear reactors in Jenkinsville that would prevent South Carolina Electric & Gas from getting a license to operate the plants.

The Nuclear Regulatory Commission and the U.S. Army Corps of Engineers said in a news release Tuesday that the environmental review began in January 2009 and included input from several public meetings.

That's pretty good. All things being equal, SCE&G will open two new reactors at its V.C. Summer site in 2016 and 2019.

And, from the Washington Post, reporting on a Post/ABC poll:

The 53 percent who approve of nuclear power are a mirror image of the 53 percent who said such power was unsafe in the wake of the 1986 meltdown at the Chernobyl plant in Ukraine.

The poll results are mixed rather than outright positive, but they are heartening in that general support for nuclear energy might have dropped off a cliff but has not. Media furor tends to send numbers way up or way down depending on the issue and heaven knows pollsters like to do polls when emotions are high. So it's striking that the response this time - and from a fair number of polls - has been fairly tepid.

New York state Senator Liz Krueger.

Activists' Claims Distort Facts about Advanced Reactor Design

Below is from our rapid response team . Yesterday, regional anti-nuclear organizations asked federal nuclear energy regulators to launch an investigation into what it claims are “newly identified flaws” in Westinghouse’s advanced reactor design, the AP1000. During a teleconference releasing a report on the subject, participants urged the Nuclear Regulatory Commission to suspend license reviews of proposed AP1000 reactors. In its news release, even the groups making these allegations provide conflicting information on its findings. In one instance, the groups cite “dozens of corrosion holes” at reactor vessels and in another says that eight holes have been documented. In all cases, there is another containment mechanism that would provide a barrier to radiation release. Below, we examine why these claims are unwarranted and why the AP1000 design certification process should continue as designated by the NRC. Myth: In the AP1000 reactor design, the gap between the shield bu...

Nuclear Utility Moves Up in Credit Ratings, Bank is "Comfortable with Nuclear Strategy"

Some positive signs that nuclear utilities can continue to receive positive ratings even while they finance new nuclear plants for the first time in decades: Wells Fargo upgrades SCANA to Outperform from Market Perform Wells analyst says, "YTD, SCG shares have underperformed the Regulated Electrics (total return +2% vs. +9%). Shares trade at 11.3X our 10E EPS, a modest discount to the peer group median of 11.8X. We view the valuation as attractive given a comparatively constructive regulatory environment and potential for above-average long-term EPS growth prospects ... Comfortable with Nuclear Strategy. SCG plans to participate in the development of two regulated nuclear units at a cost of $6.3B, raising legitimate concerns regarding financing and construction. We have carefully considered the risks and are comfortable with SCG’s strategy based on a highly constructive political & regulatory environment, manageable financing needs stretched out over 10 years, strong partners...

Wednesday Update

From NEI’s Japan micro-site: NRC, Industry Concur on Many Post-Fukushima Actions Industry/Regulatory/Political Issues • There is a “great deal of alignment” between the U.S. Nuclear Regulatory Commission and the industry on initial steps to take at America’s nuclear energy facilities in response to the nuclear accident in Japan, Charles Pardee, the chief operating officer of Exelon Generation Co., said at an agency briefing today. The briefing gave stakeholders an opportunity to discuss staff recommendations for near-term actions the agency may take at U.S. facilities. PowerPoint slides from the meeting are on the NRC website. • The International Atomic Energy Agency board has approved a plan that calls for inspectors to evaluate reactor safety at nuclear energy facilities every three years. Governments may opt out of having their country’s facilities inspected. Also approved were plans to maintain a rapid response team of experts ready to assist facility operators recoverin...

NEI Nuclear Notes

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