Legalectric

There’s been some chatter lately about the financial future of Red Wing if and when the Prairie Island Nuclear Generating Plant closes.

FYI, for those thinking about this, do check out the plan to convert to natural gas, this was in NSP’s 2002 IRP, just going into the 2003 session and that Prairie Island bill.

Prairie Island Conversion Appendix B 2002 Resource Plan

There’s also a MISO transmission study:

Prairie Island Replacement Study SS01_Report

There are plans…  This is not a binary all or nothing situation!

Well, that was interesting… and it took all evening!

First a sidebar, but an important one.  The Agenda CBS Public Meeting-Minneapolis caught my attention, seeing PUC Commissioner John Tuma named front and center. The PUC’s page  on Commissioner ex parte, conflict, and basic decorum has disappeared — I called the PUC about Commissioner Tuma’s appearance (fair warning, prior to event), and noted that the page had disappeared.  Here are the rules (the page was what stressed the importance of avoiding even the appearance of impropriety:

7845.0400 CONFLICT OF INTEREST; IMPROPRIETY.

Subpart 1. General behavior.

A commissioner or employee shall respect and comply with the law and shall behave in a manner that promotes public confidence in the integrity and impartiality of the commission’s decision making process.

Subp. 2. Actions prohibited.

Commissioners and employees shall avoid any action that might result in or create a conflict of interest or the appearance of impropriety, including:

A. using public office for private gain;

B. giving preferential treatment to an interested person or entity;

C. impeding the efficiency or economy of commission decision making;

D. losing independence or impartiality of action;

E. making a commission decision outside official channels; and

F. affecting adversely the confidence of the public in the integrity of the commission.

7845.0700 PROHIBITED ACTIVITIES.

Subp. 4. Outside employment.

A commissioner or employee shall not negotiate for or accept outside employment or other involvement in a business or activity that will impair the person’s independence of judgment in the exercise of official duties.

I registered this in a Comment section, provided copies of the rules, and expected something similar to Commissioner Koppendrayer’s response in a similar situation years ago (see below). Commissioner Tuma is new, and being there was not the worst of possible activities, other past and present Commissioners have done much worse, but it’s not OK.  His presence on the panel, on the stage, lends the impression of support of the DOE’s efforts, and nuclear waste, nuclear decommissioning funds, nuclear uprates and rehab, all are issues that have been and will be in front of the Commission in highly contested cases.  It lends the appearance of losing independence, impartiality, and impairment of judgment in future exercise of official duties.

I’ve seen this a few times.  One positive experience was at the Sawmill Inn when Commissioner Koppendrayer was named on a coal gasification love-fest panel when Excelsior’s Mesaba Project was before the PUC, and I’d called the Commission ahead of time and spoken to the then Asst. A.G. who said, not to worry, they knew ex parte and conflict of interest and rules of decorum.  Yet at that meeting, which Koppendrayer DID attend despite advance warning, I jumped up and objected from the back of the room, noting the PUC’s focus on avoiding even the appearance of impropriety, and Koppendrayer said something like “Overland’s got a point, and I should leave” and he did!  He earned quite a few “respect” points that day.   IEDC gets carried away  February 15, 2007.

On the other hand, I’m also remembering Commissioner Phyllis Reha’s coal gasification junket to Belgium via Great Plains Institute, a well-funded toady for coal gasification (and GPI was on panel last night, another cause for concern, how much were they paid!).  How blatant can you get?  MCGP Request for Recusal (Commission saw no problem!).

… and there’s her stumping for CapX 2020 transmission: PUC Commissioner Reha: Enhancing the Nation’s Electricity Delivery System.  That was the basis of another Motion, but of course, Commissioner Reha and the Commission saw no problem with her actions!  NoCapX Motion to Recuse Commissioner Reha & Exhibit A – Reha Power Point Presentation.

And then there’s Great Plains Institute’s involvement.  After their intense and well funded toadying for coal gasification ($437,000 over 21 months), and transmission, and then Xcel Energy’s e21, Dog help us!  Anything GPISD in involved with has got my attention, and not in a good way!

Last night’s agenda was packed, and we got a lot done.  A guy name Scott Thomas (the NSP engineer perhaps?) was at my table and jumped up and objected when we had a bit of opposition theater, I jumped up to counter, DOH, every hear of freedom of speech.  I mean really, it took all of 5 minutes, let people speak up!

Here’s my comment, in large part based on “consent” a la SNUY’s approach for sexual consent, substituting “nuclear” for sexual — if we’re going to get screwed, this is the best possible of consent definitions:

DOE – Overland Comment 7-21-2016

Here’s the DOE’s Consent-Based Siting page.  Notice was in the Federal Register, who reads that? Invitation for Public Comment in the Federal Register.  Comments are being taken through July 31 or email to them at consentbasedsiting@hq.doe.gov.

Here’s how they’re framing it, with questions to be answered:

• How can the Department ensure that the process for selecting a site is fair?
• What models and experience should the Department use in designing the process?
• Who should be involved in the process for selecting a site, and what is their role?
• What information and resources do you think would facilitate your participation?
• What else should be considered?

We broke into small groups and actually had a pretty good discussion.  Peggy Rehder, Red Wing City Council, was also at “Table 2” and of course we’re disagreeing.  She’s frustrated at having spent 6 years on this and getting nowhere, but in terms of nuclear waste, 6 years is but a second or two…  I’ve got 22 years in, and some there had many more.  A key point was that the DOE must restore trust if it wants to get anywhere, and how would that happen?  Stopping production of more nuclear waste is a key step.  Dream on… this process is a move to enable continued generation of nuclear waste, continued operation of nuclear plants, now being relicensed, uprated, nuclear waste expanded.

Prairie Island’s President Shelly Buck was on the panel, and that was good — PIIC is in such a mess, the plant and nuclear waste right next door, and they’ve been screwed over so many ways, so many times.  Will they be regarded as a “stakeholder” this time around?  They’ve intervened in so many nuclear matters, doing everything they can to protect the Community…

Parts of it were webcast.  There will be a video of the evening’s festivities sometime, LINK HERE (when it’s posted, scroll down to “Minneapolis”) and there was a photographer snapping shots every few seconds (hmmmm, well, I guess that will be added to all our files!).

Karen Hadden, SEED Coalition (that SEED Coalition grew from Energy Foundation funding, same as MN’s defunct “SEED Coalition” which morphed into “RE-AMP” about 2005), was present, and vocal (YES!), regarding their concerns about nuclear waste siting in Texas and New Mexico, particularly about a recent application to NRC for a nuclear waste storage facility in western Texas, near the New Mexico border. See www.NoNuclearWasteAqui.org for more info.

Alan Muller, environmental consultant in Minnesota, and Exec. Dir. of Green Delaware, spoke of his having TWO Prairie Island reactors on the other side of town here in Red Wing, and the THREE Salem and Hope Creek reactors, visible from the office window in Port Penn, Delaware.

Here’s the Arizona meeting, CHECK OUT THE VIDEO HERE.  Well worth the listen, the panel is much better qualified than the one in Minnesota (with the exception of Prairie Island’s Shelly Buck, and Canada’s Kathryn Shaver from their Adaptive Phases Management Engagement and Site Selection, Nuclear Waste Management Organization, listen up to them when Mpls. video is released).

Take some time and consider the DOE’s informational booklet.  Put your thoughts together and send in comments: consentbasedsiting@hq.doe.gov.

I think it’s worth trotting out the EQB Citizens Advisory Task Force report on nuclear waste, from the Florence Township Nuclear Waste Daze:

Florence Twp Site – Citizens Advisory Task Force – Nuclear Dry Cask Storage

And also thing about the many casks on Prairie Island — those TN-40s and TN-29 have aluminum seals that need to be replaced EVERY 20 YEARS, and to my knowledge they’ve not been replaced, and there are casks that have been loaded and sitting there for more than 20 years.  What’s up with that?  What’s the plan?  Back when they were permitting that, there was no plan.  So…

Consider this 3 Stooges approach to cask unloading — don’t know of any other attempt to unload casks, maybe that’s one of the lessons learned here:

INEL TN-24P stuck

Here’s an INEL report on a TN24 leak:

10813-TN-24P leak

And an NRC report on unloading:

NRC INFORMATION NOTICE 97-51:  PROBLEMS EXPERIENCED WITH LOADING 
AND UNLOADING SPENT NUCLEAR FUEL STORAGE AND TRANSPORTATION                             CASKS

Here’s an EPRI report on (these technical reports are important!) Creep and Crud, which occurs with storage:

100217 – Creep & Crud

Here’s a report generated after the “ignition event” at Pt. Beach, where spent fuel was loaded in a cask, then set out of the pool, and let sit overnight, then they attempted to well it, well, welding cask full of bubbles of hydrogen from the interaction of zinc and the acidic solution the assemblies are sitting in, left overnight, BOOM!

NRC_ Bulletin 96-04_ Chemical, Galvanic, or Other Reactions in Spent Fuel Storage and Transportation Casks

Where are all the reports about the weld flaws on the VSC-24 casks?  They’re in Pt. Beach, Palisades, and Arkansas One.

Estimated Risk Contribution for Dry Spent Fuel Storage Cask

Failure Modes and Effects Analysis of Welded Stainless Steel Canisters for Dry Cask Storage Systems – EPRI

And here’s a report relevant to us here in Minnesota, given all our granite and our “2nd place” position in the federal site selection resulting in “choice” of Yucca Mountain:

Granite report SAND2011 6203

In what world is something like this needed or wanted in a 16,000 population city like Red Wing, or in a rural county like Goodhue County?  What would be the envisioned purpose?

Goodhue County and the City of Red Wing have applied for Homeland Security money to buy one of these, a Lenco Bearcat.  Cost is $332,246.00.  They call the current one the “PeaceKeeper” armored vehicle.  They’re saying it’s too slow, and they’ve been having problems with it.  I saw it cruising toward downtown on West Ave. a few years ago, and was stunned, didn’t know they had one here — I mean really, whatever for?!?!  Meth labs?  Militaristic cults?  The Republican National Convention contractual obligations?  Folks, this isn’t St. Paul…

I’ve heard that the Goodhue County vote recently was that it would not opt in to this grant, but that there is another vote about it.  Red Wing will decide soon.

Goodhue County Commissioners (for your cut and pasting pleasure):  ron.allen@co.goodhue.mn.us, brad.anderson@co.goodhue.mn.us, dan.rechtzigel@co.goodhue.mn.us, jason.majerus@co.goodhue.mn.us, ted.seifert@co.goodhue.mn.us

City of Red Wing Mayor and Council (for your cut and pasting pleasure): dan.bender@ci.red-wing.mn.us, jsebion3@gmail.com , lisa.bayley@ci.red-wing.mn.us, deanhove@charter.net, dan.munson@ci.red-wing.mn.us, peggy.rehder@ci.red-wing.mn.us, ralph.rauterkus@ci.red-wing.mn.us, dustin.schulenberg@ci.red-wing.mn.us

A memo to the County Board from a Sheriff’s Deputy states:

The Emergency Response Team uses an armored vehicle on every mission and at events that may take place at the PINGP.

What does this mean?  How many “missions” and what are the details?  The phrase “at events that may take place at the PINGP” is odd — please explain!  Does this mean response to nuclear emergencies?  Does this mean response to Xcel Energy security concerns?  If this is about the Prairie Island Nuclear Generating Plant, shouldn’t Xcel Energy be paying for it?  They’ll probably say that these expenses are what the Utility Personal Property Tax is for, but I don’t think that’s how it works, it’s a separate issue!

Goodhue County LENCO Bearcat

City of Red Wing – CP_Project_Detail_M-Port_Auth-LencoBearcat

Again, cost is $332,246.00.  For this amount, the County and City could buy roughly 10 fully equipped squad cars (based on this linked Goodhue County purchase of 4). Think of the computer equipment they could buy with that kind of money!

Pages from CP_Project_Detail_M-Port_Auth_Squad Replacement

This is overkill, it is not needed in Red Wing, not needed in Goodhue County.  This is not “policing,” but is militarization of policing.  Not a trend I want in my community.

That’s Prairie Island Nuclear Generation Plant behind Kenya…

Two nuclear issues in today’s news, one at Prairie Island and one at Monticello.

Prairie Island in the Beagle:

Prairie Island Unit 2 safely shut down; operators investigating fire alarm

And in the STrib:

At Monticello, it seems there are recurring security problems, in the St. Cloud Times:

Feds continue stepped-up oversight of Monticello plant

And in the STrib:

(that’s dear departed Kenya doggy in front of the Prairie Island Nuclear Generating Plant back in 2004 or so)

Uprate Xcel Energy’s Prairie Island Nuclear Generating Plant?  I think not…

Today was the deadline for filing comments to Xcel Energy’s Changed Circumstances Petition.  Here it is:

Xcel Petition – Changed Circumstances

And what’s been filed so far:

Commerce Comments (yawn)

City of Red Wing (misses the boat, doesn’t address need, only $$$)

Prairie Island Indian Community – BULLS EYE!!! Very well done!

And Alan and I filed joint Comments:

Muller and Overland Comment – we did the math!