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Judge: TVA Deal for Bellefonte Nuclear Plant Stays in Place

Power, 05/17/2019 | Darrell Proctor   A federal judge this week ruled the Tennessee Valley Authority (TVA) must continue to honor an agreement to sell the unfinished Bellefonte Nuclear Power Plant to a real estate developer who has said he would complete construction of the long-idled project.

U.S. District Court Judge Liles C. Burke, in a 17-page opinion issued after a hearing this week in Huntsville, Alabama, declined to dismiss a lawsuit brought by developer Franklin Haney, who sued TVA in November 2018 for breach of contract after TVA said it could not complete the sale of the Bellefonte site and its assets to Haney’s Nuclear Development LLC.

Haney in 2016 was the winning bidder in an auction for Bellefonte, agreeing to pay $111 million for the twin-reactor nuclear plant. He sued TVA last year after the federally owned utility said it needed approval from the Nuclear Regulatory Commission (NRC) to authorize the sale.

TVA at the 2016 auction said the winning bidder would have two years to complete the purchase. Haney has argued he was ready to take over Bellefonte last year, though the NRC was still reviewing his application to resume construction at the site. TVA asked the district court to dismiss Haney’s lawsuit, saying federal rules require the sale to be authorized by the NRC, and thus TVA cannot legally sell the plant to Haney.

Nuclear Development filed a license transfer application with the NRC on Nov. 13, 2018, a couple of weeks after the sale’s original closing date, and just more than two weeks before an extended deadline to complete the sale by Nov. 30. TVA told Haney on Nov. 29 that it could not complete the transaction without approval of the license transfer by the NRC. In the sales agreement with Haney, TVA said “federal law at all times govern the validity, interpretation and enforceability” of the sale.

Developer: $30 Million Spent on Project……….

VA has until May 29 to respond to the court ruling. Burke has not ruled out that he could agree with TVA’s arguments if the case goes to trial. TVA, meanwhile, must maintain Bellefonte’s deferred construction permit for a possible transfer to Haney once a decision is reached in the case.

Haney has said his group can finish the nuclear plant, and sell its power for a competitive price. His group has not identified any utility or other customer that would buy Bellefonte’s electricity.

TVA has said that if the deal with Haney falls through, the utility would again put the site Bellefonte up for sale.

https://www.powermag.com/judge-tva-deal-for-bellefonte-nuclear-plant-stays-in-place/

May 20, 2019 Posted by | Legal, USA | Leave a comment

U.S. national security adviser, John Bolton and his quest for war against Iran

picture is from Financial Times https://www.ft.com/content/d35f0566-787b-11e9-be7d-6d846537acab

John Bolton Has Wanted War With Iran Since Before You Were Born

“I actually temper John,” Trump said, “which is pretty amazing.”  Mother Jones, DAN SPINELLI, Fourteen months into his tenure as national security adviser, John Bolton has become a central figure in the run-up to what could be the most extensive American military offensive since the invasion of Iraq. Tensions between Iran and the United States have been high for weeks, beginning with a menacing video Bolton released in February targeting the Iranian supreme leader and reached a boil last week when, according the New York Times, he ordered the Pentagon to prepare to send as many as 120,000 troops to the Middle East to counter Iran.  ……

May 18, 2019 Posted by | politics international, USA, weapons and war | Leave a comment

The escalating danger and unpredictability of nuclear weapons

Nuclear Weapons Are Getting Less Predictable, and More Dangerous  Defense One,  MAY 16, 2019   Facing steerable ICBMs and smaller warheads, the Pentagon seeks better tracking as the White House pursues an unlikely arms-control treaty.

On Tuesday, U.S. Secretary of State Mike Pompeo met his counterpart, Russian Foreign Minister Sergey Lavrov, to discuss, among many things, the prospect of a new, comprehensive nuclear-weapons treaty with Russia and China. At the same time, the Pentagon is developing a new generation of nuclear weapons to keep up with cutting-edge missiles and warheads coming out of Moscow. If the administration fails in its ambitious renegotiation, the world is headed toward a new era of heightened nuclear tension not seen in decades.

That’s because these new weapons are eroding the idea of nuclear predictability.

Since the dawn of the nuclear era, the concept of the nuclear triad — bombers, submarines, and intercontinental ballistic missiles — created a shared set of expectations around what the start of a nuclear war would look like. If you were in NORAD’s Cheyenne Mountain Complex in Colorado and you saw ICBMs headed toward the United States, you knew that a nuclear first strike was underway. The Soviets had a similar set of expectations, and this shared understanding created the delicate balance of deterrence — a balance that is becoming unsettled.

Start with Russia’s plans for new, more-maneuverable ICBMs. Such weapons have loosely been dubbed “hypersonic weapons” — something of a misnomer because all intercontinental ballistic missiles travel at hypersonic speeds of five or more times the speed of sound — and they create new problems for America’s defenders. …….

The United States is starting to build a new generation of smaller nukes of its own. The reasoning was laid out in the 2018 Nuclear Posture Review, and the weapons have been rolling off the assembly line since January……

But Selva also noted that low-yield weapons present the same sort of ambiguity as hypersonic weapons.

“We don’t know what they launched at us until it explodes,” he said.

The U.S. military has responded to Russian weapons development with several other key moves: building a next-generation air-launched cruise missile, hiring Northrop Grumman to build a new penetrating bomber, lowering the nuclear yield on some sub-launched ballistic missiles, and exploring bringing back a sea-launched cruise missile, or SLCM, that could have a nuclear tip……

Lynn Rusten, vice president of the Global Nuclear Policy Program at the Nuclear Threat Initiative, said that the ambiguity problem would apply to the SLCMs effort as well. “We use conventional SLCMs a lot in our normal warfare. If you start having nuclear SLCMs deployed as well, there will be a real discrimination in terms of when one of those things is launched, what is that thing coming at you? Where is it going?”……..

Many arms control experts say the first and most important step that the U.S. could take in navigating this far more unpredictable future is to extend New START. Even Selva, who declined to offer a public recommendation about such an extension, said that the United States benefits in multiple ways from the treaty’s mechanisms for keeping track of the parties’ strategic arsenals. ……

A collapse of New START might also cause China to embrace a more aggressive nuclear stance to hedge against rising unpredictability…….

As uncertainty increases, misperceptions become more dangerous. And there is reason to believe the United States is already looking at the situation through various imperfect lenses. One is the belief that China has any interest in trilateral arms control. Another is “escalate to de-escalate.” Some Russia experts, such as Olga Oliker, the Europe and Central Asia director at the International Crisis Group, call it a fiction dreamed up in the West after a misreading of a Russia’s 2017 Naval Doctrine.

“Moscow continues to believe, and Russian generals in private conversations emphasize, that any conventional conflict with NATO risks rapid escalation without ‘de-escalation’ — into all-destroying nuclear war. It must therefore be avoided at all costs,” she wrote in February.

“If anything, U.S. emphasis on new lower-yield capabilities — effectively an ‘escalate to de-escalate’ strategy of the sort many attribute to Russia — would undermine the deterrent balance, potentially triggering the very sorts of crises low-yield proponents hope to avert.”

Michael Kofman, a senior research scientist at CNA, says the “escalate to de-escalate” debate obscures a more fundamental truth about Russian strategic doctrine. “Russia has never accepted the proposition that a war with the United States could be conventional only. Hence, Russian nuclear strategy has a firm place for scalable employment of nuclear weapons, for demonstration, escalation management, warfighting, and war termination if need be,” he told Defense One. “The gist of the problem is that the Pentagon believes that nuclear weapons are some kind of gimmick that can be deterred in conventional war, but actually the prospect for conventional-only war with Russia is somewhat limited from the outset.”

Bottom line: the U.S., Russia, and China, may be entering into a high-stakes discussion on nuclear arms with each suffering from severe misconceptions about the others’ intent. The price of failure of the new negotiation effort, if New START is not re-affirmed, would be a new period of heightened nuclear tensions and less predictability.

Rusten believes the arms race has already begun.

“We don’t want to be where that trajectory will take us five years from now,” she said.https://www.defenseone.com/technology/2019/05/everyones-nuclear-weapons-are-getting-less-predictable-and-more-dangerous/157052/

May 18, 2019 Posted by | politics international, Russia, USA, weapons and war | Leave a comment

Delay in vote on bailing out Ohio’s nuclear reactors

May 18, 2019 Posted by | politics, USA | Leave a comment

With belligerent John Bolton as National Security, Trump could take USA to the brink of war with Iran

With Bolton whispering in Trump’s ear, war with Iran is no longer unthinkable, Guardian, Owen Jones 16 May 19, Antiwar activists must do everything they can to prevent it, and that includes pressuring US allies

It was a deception that would lead to millions of civilian deaths, and the deaths of nearly 60,000 US soldiers. In August 1964 President Lyndon B Johnson solemnly declared that, after two apparent North Vietnamese attacks on US navy destroyers in the Gulf of Tonkin, military action would take place.

Four years later, Senator Albert Gore – father of Bill Clinton’s future vice-president – warned in a closed Foreign Relations Committee session that, “If this country has been misled … the consequences are very great.” His suspicions were correct. The second Gulf of Tonkin attack might never have happened – and perhaps neither did. Communications to make it look like the attack occurred had been falsified. But US policy was already set on a dramatic escalation of the Vietnam war: and here was the perfect pretext.

This week it emerged that the US government is discussing sending up to 120,000 troops to the Middle East for possible military action against Iran. “We’ll see what happens with Iran,” declared President Trump. “If they do anything, it will be a bad mistake.” The principal driving force behind this is Trump’s national security adviser, John Bolton, a man who thinks there is no problem to which the answer isn’t war: in the Bush era, his militarism was too much for the commander-in-chief who laid waste to Iraq. You can see them scrabbling for excuses already: the Trump administration says Iran-backed proxy groups are preparing attacks on US forces in Iraq and Syria, a claim forcefully denied this week by British major-general Christopher Ghika, the deputy commander of counter-terror operations in both countries. The US has blamed Iran, without evidence, for damage to Saudi oil tankers in the Gulf of Oman. Could an Iranian Gulf of Tonkin be looming?

It is easy to dismiss these fears as alarmist. Is Trump not the man who confounded his critics by seeking peace on the Korean peninsula? Trump boasts that he “actually tempers” Bolton; Iran’s supreme leader, Ayatollah Ali Khamenei, states: “There won’t be any war.” As Sanam Vakil, a research fellow at Chatham House, tells me: “Both sides are posturing, sending [threats] back and forth, and I don’t think heading for any direct military interventions.” Bolton, she reassures me, is just one of many voices in the room, and US secretary of state Mike Pompeo himself says that the US is not seeking war……..

A senior Senate aide tells me that the triumph of Bolton’s plans is all too conceivable: Bolton could exploit Trump’s ignorance of policy, an area in which he excels. While any war would not be popular with Trump’s base he could be convinced by Bolton that it is possible to escalate up to a point, then pull back at the brink: but by then it may be impossible to do so. Rightwing thinktanks and broadcasters are already hyping up links between Iran and al-Qaida.

The consequences of an Iranian conflagration should horrify us. Dan Plesch – a specialist at Soas University of London’s Centre for International Studies and Diplomacy – details the US air and naval power potentially ranged against Iran: it’s what one of his colleagues describes as “a tsunami of precision-guided molten metal”. The “lethality of US force”, says Plesch, “to very rapidly destroy military, civil, political and economic infrastructure is hugely underestimated” – and is far greater than in 2003. The US would seek to impose a government-in-exile with no roots in the country; a bloody balkanisation could follow. Iran would mobilise its regional influence – dramatically increased by the Iraq catastrophe – raising the prospect of wider regional conflict.

The risk is already too real for us to wait and see before acting. Pressure must be exerted by the public on US allies to declare their total opposition to any war with Iran, including not permitting their military bases to be used. The mass protests that will greet Trump’s visit in three weeks’ time must include demands that no British support for such a bloody adventure be offered. Feeling blasé about the danger? Well, consider this: all that stands between Bolton’s violent fantasy being executed is Donald Trump himself.  https://www.theguardian.com/commentisfree/2019/may/15/war-with-iran-john-bolton-donald-trump-usa?CMP=share_btn_tw

May 18, 2019 Posted by | politics, politics international, USA, weapons and war | Leave a comment

Chelsea Manning will not testify against Julian Assange, so it’s back to jail for her

May 18, 2019 Posted by | civil liberties, USA | Leave a comment

USA government gives Piketon community no chance to resist hosting a radioactive waste dump

This Town Didn’t Want to Be a Radioactive Waste Dump. The Government Is Giving Them No Choice. Earther,  Yessenia Funes , 17 May 19,PIKETON, OHIO—David and Pam Mills have grown tomatoes, peppers, cucumbers, and okra on their secluded Appalachian property for about 18 years now. This will be the first year the retired couple doesn’t. They just can’t trust their soil anymore. Not with what’s being built barely a five-minute walk away.
Past the shed and through the gray, bare trees that grow in the backyard, bulldozers and dump trucks are busy scooping tan-colored dirt atop an overlooking hill on a brisk January afternoon. They’re constructing a 100-acre landfill for radioactive waste. …..On a short metal fence marking where the Mills property ends, a sign reads, “U.S. PROPERTY, NO TRESPASSING,” in big, bold letters with red, white, and blue borders.

The Department of Energy (DOE) owns what sits on the other side: the Portsmouth Gaseous Diffusion Plant. The DOE built the 1,200-acre facility, located just outside town of Piketon about an hour’s drive south of Columbus in southcentral Ohio, in 1954, as one of three plants it was using to enrich uranium and develop the country’s nuclear weapons arsenal. Now, the agency is trying to clean it up.

The landfill—or “on-site waste disposal cell,” as the department calls it—would extend about 60-feet down and house 2 million tons of low-level radioactive waste comprised of soil, asbestos, concrete, and debris. It’ll be outfitted with a clay liner, a plastic cover layer, and a treatment system for any water that leaches through it. When finished, it will be one of the largest nuclear waste dumps east of the Mississippi.

Waste could begin entering it as soon as this fall…….

“It’s gonna contaminate everything,” David says, after he shows me how close the landfill sits to his property. “It’s just a matter of time.”

The couple is far from alone in their fears. The 2,000-strong Village of Piketon passed a resolution in August 2017 opposing the landfill. So did the local school district and the Pike County General Health District, where Piketon resides. The rural, low income, and largely white county is home to more than 28,000 people across a number of small towns and cities, some of which have passed their own resolutions against this project. Driving through neighborhoods behind Piketon’s main highway, lawn signs covered in red stating “NO RADIOACTIVE WASTE DUMP in Pike County” can be seen everywhere……
The Zahn’s Corner Middle School, which sits barely a 10-minute drive away from the plant, closed on May 13 after university researchers detected enriched uranium inside the building, and traces of neptunium appeared in readings from an air quality monitor right outside the school. While the DOE believes everything’s fine, the Pike County General Health District has been calling for the department to halt work while it investigates the matter. Townspeople worry this contamination is a direct result of recent activity at the plant.
All of this highlights deep public distrust over the nuclear facility’s cleanup plan. And after reviewing thousands of pages of documents—including independent studies, the project’s record of decision, and the remedial investigation and feasibility studies that went into writing it—to understand the risks, it’s clear the public isn’t worried for nothing.
Here’s the thing: Nothing is technically illegal about the landfill. The DOE, though the polluter, is taking the lead on cleaning up the facility, and the Ohio EPA supports its plan. Whether their decision is morally right given local opposition is another matter. But this is what often happens when a corporation or governmental entity needs to dispose of toxic waste: It gets left in an overlooked town no one’s heard of……..
What they, and everyone really, didn’t understand at the outset of the Cold War was the lasting impacts uranium enrichment could have. Sure, scientists understood radioactive material could cause cancer, but they thought that it’d take a lot of radiation, explained Edwin Lyman, a senior scientist and acting director of the Union of Concerned Scientists’ Nuclear Safety Project. Now, we know any exposure poses a risk……
Now,  the DOE is left with the task of cleaning up the more than 2 million tons of low-level radioactive waste and thousands more tons of hazardous waste the plant’s operations left behind. Completing the landfill is estimated to take another 10 to 12 years, with the entire clean-up projected to go on until 2035. ……
Money aside, shipping radioactive waste off-site has other benefits. Some 24 wetlands and 38 streams sit near the landfill. To bury the waste on-site, the DOE must waive a requirement that prevents it from constructing the landfill within 200 feet of these kinds of water bodies. The department can do so because even though it’s not technically a Superfund, it’s being regulated as one, a common practice for such DOE facilities. ……
the local hydrology is a key point of concern among community members. The region has a rainy climate, and it’s been seeing above-average levels of precipitation in recent years. More than anything, it’s the idea of rainfall causing the landfill’s contents to leak into the groundwater that makes people so nervous…….
Despite the fancy cut-outs put together by DOE contractor Fluor-BWXT, Chillicothe city council members passed a resolution that day against the waste cell. And it wouldn’t be the last: at least 11 counties, townships, city councils, and school boards in southcentral Ohio have come out against the project. Unfortunately, the plan was set by the time these resolutions passed.
Here’s the thing: Many residents didn’t even know about the landfill until after the DOE had already decided on it. The public had between November 2014 and March 2015 to comment on the project. The department published its record of decision in favor of the landfill on June 30, 2015. Then, the backlash hit……..

A lot of community members worry that the town will continue to be impoverished and devoid of business opportunities so long as it’s home to the landfill. Who’s going to want to invest in a place that’s a nuclear dumpsite?

And Piketon officials don’t trust the DOE at all. Neither does the plant’s former chief scientist, David Manuta, who worked there for nearly 11 years and has seen firsthand the operations that went on.

“DOE has a history in this community of not listening,” Manuta told Earther. “DOE is not a popular government agency in this community.”……

As the Ferguson Group points out in its analysis, fractures deeper than 20 feet exist throughout the entirety of where the landfill will be built, with some reaching as deep as 70 feet.

“This is the craziness of it all. They go out there and investigate this what we call ‘ideal site,’ right?” Karl Kalbacher, the Ferguson Group consultant Piketon hired for this analysis, told me. “There’s groundwater just oozing out of the ground, which tells you there’s a very shallow water table. They document that there are streams that are flowing through the proposed site area.”……..
To opponents of the landfill, all these fractures and discrepancies raise concerns about the DOE’s commitment to keeping the region contaminant-free. So does the recent independent analysis from Northern Arizona University that prompted the closure of Piketon’s Zahn’s Corner Middle School this week. That analysis found that the Scioto River and village creeks, as well as dust and soils from the school and private homes, are currently contaminated with enriched uranium, neptunium, and plutonium—all radioactive carcinogens. While the analysis did not measure concentrations, it found that much of this contamination could, indeed, be traced back to the plant……..

Regardless of whether the DOE is concerned, the evidence suggests demolition of the plant and construction of the landfill may already be spreading some contaminants via the air. Add in the threat of the landfill impacting groundwater, and opponents see several additional health risks in a regional already overburdened by cancer.

Pike County’s cancer rate of 487.9 per 100,000 incidences is higher than the state average of 459.8 per 100,000 incidences. In fact, all the counties surrounding Portsmouth—Vinton, Ross, Highland, Adams, Scioto—have some of the highest rates in the state.

Jeanie Williams, a 63-year-old who’s lived in a spacious trailer home since 1972 right alongside the plant—not far from where the Mills live—knows that statistic all too personally. Cancer took Williams’ brother in 1999. Her dad worked at the plant and died of lung disease about 10 years ago. Her stepfather worked there and died last year from cancer. Her daughter is battling colon cancer.  https://earther.gizmodo.com/this-town-didnt-want-to-be-a-radioactive-waste-dump-th-1834789264?IR=T

May 18, 2019 Posted by | USA, wastes | Leave a comment

How the USA military co-opts nature conservation, and promotes the extinction of species

“Get Your Endangered Species Off My Bombing Range!” Counter Punch    “The Department of Defense’s ability to conduct realistic live-fire training, weapons system testing, and essential operations is vital to preparing a more lethal and resilient force for combat. . . . Starting in the late 1990s, the Department became increasingly concerned about “encroachment” pressures adversely affecting the military’s use of training and testing lands. Specifically, military installations saw two main threats to their ability to test, train, and operate: nearby incompatible land uses and environmental restrictions to protect imperiled species and their habitats.”
Such problems are to be resolved by the DoD Readiness and Environmental Protection Integration (REPI) Program.
The program employs “buffer partnerships” that include the DoD, private conservation groups, universities, and state and local governments. Also involved, often as additional funders, are other federal departments: Homeland Security, Energy, Interior, Agriculture, Commerce; and agencies, for example, the Agency for International Development (USAID) and the National Oceanic and Atmospheric Administration (NOAA). REPI regards these as “win-win partnerships,” as they share the cost of land or acquire easements to preserve compatible uses and natural habitats, without interfering with bombing or other essential training exercises. In addition to the helpful funding, the military can muster impressive influence over local development authorities, town councils, and adjacent landowners…….
At Fort Benning, Georgia, home of the “Maneuver School of Excellence,” (as well as the notorious School of the Americas, now renamed the Western Hemisphere Institute for Security Cooperation), live-fire and other training was threatened by threatened species and their habitats.   Now the base and its partners are restoring habitat and offering contiguous land for buyers who would use the land for recreation. Among the partners are the Georgia Land Trust, The Conservation Fund, the Alabama Land Trust, and the Nature Conservancy (TNC).

Nationwide, TNC is likely the conservation organization with the greatest amount of funding from the DoD. The TNC grants for Fort Benning alone included (but were not limited to) one for  $11,115,000, and another for $55,517,470. Both were described as: “Assist State and local governments to mitigate or prevent incompatible civilian land use/activity that is likely to impair the continued operational utility of a Department of Defense (DoD) military installation.”

Washington State, very receptive to military activities, despite the Hanford nuclear disaster area, has several REPI projects. One of them, at Joint Base Lewis-McChord, on Puget Sound, is to eliminate the “threat” to live-fire exercises and other missions coming from imperiled species and incompatible development. The extensive area beyond its 91,000 acres became a designated “Sentinel Landscape,” a partnership headed by Departments of Agriculture, Defense, and Interior to “align resources” to protect military testing “while benefiting ALL partners and landowners.”  ……

The Defense Department has several other programs designed to prevent interference with live ammunition, bombing ranges, and other military activities. One is the Legacy Resource Management Program, which seeks civilian partners to help protect endangered species and “to promote stewardship of our nation’s. . . cultural heritage.” Already “The Department of Defense manages thousands of National Register of Historic Places-listed properties. . .” Also working with REPI is the DoD’s Office of Economic Adjustment; its Joint Land Use Studies Program helps local communities to avoid interfering with military operations by their civilian activities.

The military has a poor reputation as regards the environment—we think about the Marshall Islands, the Hanford Nuclear Reservation, poisoned aquifers, toxic waste burns, underwater sonar, and much more. It has paid attention to the criticisms. It still engages in its former ways, including the world record of oil consumption and extensive toxic emissions, but now there is a soft cop.

The DoD now emphasizes its need for natural landscapes for realistic training, its wish to avoid displacing or accidently bombing locals, and its help in protecting endangered species. However it does not want any environmental restrictions to poke into its activities. The military wants more land, airspace, and ocean clearance, and will make concessions. It uses the carrot, and the commanding influence of military power. The REPI Program supplies funds and also leverages contributions from state and local governments and conservation organizations, which are henceforth partners…..
 there are serious concerns about the REPI project, and similar ones that partner with civilian governments and nongovernmental environmental organizations. First of all, by publicizing its protection of red-cockaded woodpeckers, gopher tortoises and others, their habitats, working farmlands, forests, and wetlands, the DoD emits a dust cloud over the intense environmental destruction of land, sea, and air resulting from military operations and their preparations. Militarization is worldwide and beyond, into space. In addition to the contribution of the US, other nations’ militaries are increasing in size, activities, and lethality. Many have been armed by us, or against the threat of us; some in response to other perceived threats. ……

Toxic wastes are produced (and not sequestered) at many US domestic bases; our military has granted us the bulk of superfund sites. As Joshua Frankhas stated:

US military sites, which total more than 50 million acres, are among the most insidious and dangerous Pentagon legacies. They are strewn with toxic bomb fragments, unexploded munitions, buried hazardous waste, fuel dumps, open pits filled with debris, burn piles and yes, rocket fuel…….
Another major concern about REPI and other military “partnerships” with civilian institutions and terrain is that it erodes the boundaries, however weak these days, between civil and military.  Might the US be turning into a banana republic or a military dictatorship? Penetration is not new; the US Army Corps of Engineers have been developing and maintaining recreational lakes and flood control projects for a long time. However, the military is slowly expanding into every nook and cranny of civilian life. …..  https://www.counterpunch.org/2019/05/17/get-your-endangered-species-off-my-bombing-range/

May 18, 2019 Posted by | environment, Reference, USA, weapons and war | Leave a comment

Opposition to nuclear waste in Nevada, but some impoverished communities see $$

May 18, 2019 Posted by | opposition to nuclear, USA | Leave a comment

Legal challenge to stop New Jersey bailout for nuclear power

New Jersey’s $300 Million Nuclear Power Bailout Is Facing a Court Challenge. Does It Have a Chance? The state’s utility advocate said regulators should not have approved the subsidies for the energy company PSEG.by Talia Buford , May 16,

But some of the board members who voted for subsidies had openly questioned the need for them, echoing concerns expressed by the board’s staff and objections raised by utility watchdogs.

Now, the unusual circumstances around the vote are the basis of a legal challenge by the state-appointed utility advocate, who says the subsidies — and the surcharge financing them — should be cut off.

In an appeal filed on Wednesday in state court, Stefanie Brand, the state’s rate counsel, said that by ignoring its own staff experts and providing little basis for the amount of the surcharge, the board had violated the law.

“It’s very unusual and inconsistent with the statute,” Brand said.

But will that argument persuade a court?

“It’s hard, in general, to beat regulators at their own game,” said Ari Peskoe, a lawyer and director of the Electricity Law Initiative at the Harvard Law School. ……..

“The significant thing about this filing is the rate counsel was given this on a silver platter on why these subsidies are unwarranted,” said Doug O’Malley, director of Environment New Jersey. “It’s not a surprise that she’d be filing an appeal. I think the surprise is the ratepayer has such a strong case.”

The appeal focuses on four issues: the staff findings that PSEG didn’t meet the criteria for the subsidy; the board’s dismissal of those findings; the lack of reasoning for setting the subsidy rate at $0.004 per kilowatt hour, which was calculated to provide a total subsidy of $300 milion; and whether the amount of the subsidy represented clean-energy benefits as legislators claimed.

PSEG’s Hope Creek and Salem plants in Salem County make up the second-largest nuclear facility in the United States, and they serve as an economic anchor for the area, which is represented by New Jersey’s most powerful legislator, Senate President Stephen Sweeney. New Jersey passed its nuclear subsidy last year after intense lobbying by PSEG, which spent nearly $4 million in 2017 and 2018 on the effort.

Similar measures that offer incentives for nuclear plants to stay open after the companies have threatened to close them survived challenges in federal court. This month, Pennsylvania legislators said they didn’t have the support to bring the proposed subsidy bill to a vote, prompting Exelon to announce plans to close Three Mile Island nuclear plant in September.

Since the debate over the New Jersey measure began in 2017, Brand has questioned how legislators came up with the amount of the subsidy…….

At the board meeting last month, BPU staff and an independent consultant reported that PSEG was including some ineligible costs and inflating others in an attempt to satisfy the statute’s requirements, but they said that the facilities were not actually in danger of closing. …….

While the run-up to the BPU vote was marked by full-page newspaper ads and stories in local media, the only indication that customers were subsidizing PSEG’s nuclear plants was, for some, a note on the top corner of their latest bills. https://www.propublica.org/article/new-jerseys-300-million-nuclear-power-bailout-is-facing-a-court-challenge-does-it-have-a-chance#

May 18, 2019 Posted by | Legal, USA | Leave a comment

Women poorly represented in, and disparaged by, the nuclear security “priesthood”

The Nuclear Weapons Sisterhood,  It’s hard for women to be hired, promoted or taken seriously in the national security establishment. NYT, By Carol Giacomo, Ms. Giacomo is a member of the editorial board, May 15, 2019 In the mid-1990s, Laura Holgate, then a senior Defense Department official, was in Moscow leading a delegation to discuss ways the United States could help the Russians secure plutonium from dismantled nuclear weapons.

image – New York Times

After a male Russian official gave a confusing explanation about the Kremlin’s storage plans, she sought clarification. The Russian, his voice dripping with sarcasm, offered to “put this in terms a woman would understand” and then described loading plutonium into a “cooking pot and putting a lid on it.”

……. For women, people of color and transgender people, sexism, discrimination and harassment are often barriers to being hired, promoted or taken seriously in the national security bureaucracy — overseas and at home.

…….Women are particularly underrepresented in senior positions dealing with nuclear issues, according to a study by New America, part of a growing effort involving various groups and individuals to make the fields more welcoming to women.

Part of the problem is the discipline itself, the study found. Policies involving the building, deployment, targeting and use of nuclear weapons have long been the province of an insular, innovation-averse group of men. Discussions by this “priesthood” conflate national security and manliness with sexualized jargon about vertical erector launchers and thrust-to-weight ratios. The demand for nuclear orthodoxy has excluded outsiders, particularly women, placing them in a “consensual straitjacket” of conformity in a male-dominated world.

Just consider Donald Regan, the former White House chief of staff, who before President Ronald Reagan’s summit with Mikhail Gorbachev in 1987 said women were “not going to understand throw-weights” or other national security issues raised at the meeting.

The numbers show how this order became so entrenched. From the 1970s to 2019, the study found, women held 11 of 68 of senior positions dealing with nuclear weapons, arms control and nonproliferation at the State Department, 13 of 109 of these jobs at the now-defunct Arms Control and Disarmament Agency, five of 63 at the Defense Department, five of 36 at the Energy Department and two of 21 national security adviser positions. ……

To be successful in these posts so critical to national security, women pay a “gender tax,” performing “the constant mental and emotional calculus that comes with implicit sexism; explicit sexism and discrimination; gender and sexual harassment; and gendered expectations,” according to the New America study, based on interviews with 23 women who held senior government positions.

Nearly all of the 23 said they were harassed or saw others harassed, and when a foreign official was involved, the stress was magnified because it could cause an international incident.

During a round-table discussion with Global Politico in 2017, Laura Rosenberger, who spent 11 years at the State Department and the National Security Council, talked about wearing more pantsuits and baggier tops as a defense mechanism “to make myself seem less attractive in the workplace.”


Mieke Eoyang,
 who served 12 years as a staff member on the House Armed Services Committee and the House Intelligence Committee, has described how she would walk into a meeting and be asked to get coffee or how a committee chairman cornered her at a reception to discuss his sexual prowess. ….

To encourage progress, Pamela Hamamoto, who served as United States ambassador to the United Nations in Geneva, began a program called Gender Champions to identify international leaders committed to advancing women, and Ms. Holgate, a former United States ambassador to the United Nations in Vienna, replicated it in the United States. …..https://www.nytimes.com/2019/05/15/opinion/women-national-security.html

May 16, 2019 Posted by | USA, Women | Leave a comment

Unnecessary to bail out Ohio’s nuclear and coal plants, but a bonanza for FirstEnergy Solutions

May 14, 2019 Posted by | business and costs, politics, USA | Leave a comment

If America launched a nuclear war -335 million people killed within the first seventy-two hours.

Overall, an all-out U.S. attack on the Soviet Union, China and satellite countries in 1962 would have killed 335 million people within the first seventy-two hours.

As devastating as these projections are, all readily admit they don’t tell the entire story. While these three studies model the immediate effects of a nuclear attack, long-term problems might kill more people than the attack itself. The destruction of cities would deny the millions of injured, even those who might otherwise easily survive, even basic health care. What remains of government—in any country—would be hard pressed to maintain order in the face of dwindling food and energy supplies, a contaminated landscape, the spread of disease and masses of refugees.

While the threat of nuclear war between the United States and Soviet Union has ended, the United States now faces the prospect of a similar war with Russia or China. The effects of a nuclear war in the twenty-first century would be no less severe. The steps to avoiding nuclear war, however, are the same as they were during the Cold War: arms control, confidence-building measures undertaken by both sides and a de-escalation of tensions.

335 Million Dead: If America Launched an All-Out Nuclear War   https://nationalinterest.org/blog/buzz/335-million-dead-if-america-launched-all-out-nuclear-war-57262 “Under SIOP, “about 1,000” installations that were related to “nuclear delivery capability” would be struck.” by Kyle Mizokami 13 May 19, A major draw of U.S. nuclear weapons to Soviet cities would have also been the presence of local airports, which would have functioned as dispersal airfields for nuclear-armed bombers. On the other hand, the Soviet attack would largely hit ICBM fields and bomber bases in low-population-density regions of the Midwest, plus a handful of submarine bases on both coasts.

It is no exaggeration to say that for those who grew up during the Cold War, all-out nuclear war was “the ultimate nightmare.” The prospect of an ordinary day interrupted by air-raid sirens, klaxons and the searing heat of a thermonuclear explosion was a very real, albeit remote, possibility. Television shows such as The Day After and Threadsrealistically portrayed both a nuclear attack and the gradual disintegration of society in the aftermath. In an all-out nuclear attack, most of the industrialized world would have been bombed back to the Stone Age, with hundreds of millions killed outright and perhaps as many as a billion or more dying of radiation, disease and famine in the postwar period.

During much of the Cold War, the United States’ nuclear warfighting plan was known as the SIOP, or the Single Integrated Operating Plan. The first SIOP, introduced in 1962, was known as SIOP-62, and its effects on the Soviet Union, Warsaw Pact and China were documented in a briefing paper created for the Joint Chiefs of Staff and brought to light in 2011 by the National Security Archive. The paper presupposed a new Berlin crisis, similar to the one that took place in 1961, but escalating to full-scale war in western Europe.

Although the war scenario was fictional, the post-attack estimates were very real. According to the paper, the outlook for Communist bloc countries subjected to the full weight of American atomic firepower was grim. The paper divided attack scenarios into two categories: one in which the U.S. nuclear Alert Force, a percentage of overall nuclear forces kept on constant alert, struck the Soviet Union and its allies; and a second scenario where the full weight of the nuclear force, known as the Full Force, was used. Continue reading

May 14, 2019 Posted by | USA, weapons and war | Leave a comment

Trump administration’s maximum pressure campaign: paving the way for war against Iran?

May 14, 2019 Posted by | Iran, politics international, USA | Leave a comment

Presidential candidate Joe Biden is only lukewarm about action on climate change

A Biden Presidency Would Be a ‘Death Sentence,’ Climate Activists Warn   https://www.vice.com/en_ca/article/a3x39g/climate-activists-dont-like-joe-biden  12 May 19

The former vice president’s campaign has them very, very worried.   Joe Biden backed one of the first climate bills in US history, has a relatively strong score from the League of Conservation Voters, and calls fighting global temperature rise “a matter of survival.” The former vice president—who became the frontrunner for the Democratic presidential nomination shortly after entering the race last month—has the profile, on paper, of someone who should be able to tout his bona fides on climate change and the environment.

But Biden appears to be running as a moderate on these issues. On Friday, Reuters reported that while he would support re-joining the Paris climate agreement, he was also open to boosting natural gas and technologies to capture and bury emissions from industrial facilities. That was alarming to some climate activists, who already didn’t trust him on the issue—and that might be putting it mildly.

It’s difficult to find many climate thinkers or activists these days who are all that excited about Biden’s entry into the Democratic primaries—and some interviewed for this story worry that if he wins he could actually slow down progress at a time when the planet is least able to afford it.

“This is an existential threat that we are talking about for all life on Earth, all Americans,” said Leah Stokes, a political scientist at the University of California, Santa Barbara, who closely follows the politics of climate change and energy. “I don’t trust him at all… I think he’s got some explaining to do about what exactly his plan is to deal with the climate crisis.”

Biden’s campaign website contains only three sentences about the greatest crisis ever to face humankind, and these are located midway down a secondary page. “We must turbocharge our efforts to address climate change and ensure that every American has access to clean drinking water, clean air, and an environment free from pollutants,” the site reads. His campaign did not respond to VICE’s request for more details on the actual policies this would entail.

There are virtually no specifics about how Biden plans to cut emissions in half by 2030—which is what United Nation scientists calculated is required to stabilize the world at or below 1.5 degrees Celsius of warming and keep cities like Houston, London, Shanghai, Jakarta, Bangkok, Lagos, Manila and Dhaka above water.

But the Reuters story sheds light on what a Biden presidency might include when it comes to climate—a return to Barack Obama’s policies of regulating emissions and working with the international community, but not the kind of aggressive action favored by experts and advocates. One of the sources for the Reuters article, Heather Zichal, previously advised Obama on climate change and is now an informal advisor to Biden. She is affiliated with Cheniere Energy, a major liquefied natural gas producer based in Houston.

Unsurprisingly, activists were alarmed by this news.

“A ‘middle ground’ policy that’s supportive of more fossil fuel development is a death sentence for our generation and the millions of people on the frontlines of the climate crisis,” Varshini Prakash, co-founder of the Sunrise Movement, which has been leading the push for a Green New Deal, said in a statement.

Even before the Reuters story, there were plenty of reasons for people like Prakash to be skeptical of Biden on climate. When he launched his campaign for president on April 29 in Pittsburgh he didn’t mention climate change once. Instead, he gave a lengthy shout-out to union leaders in the audience, promising to “restore,” “rebuild,” and “unify” America after four years under Donald Trump. Buried deep in his 40-minute speech, Biden made a passing reference to low-carbon growth, pledging his support for “rebuilding America’s clean, renewable energy.” He went on to brag that “North American energy makes us independent,” a phrase often used in reference to oil and gas production.

Ed Fallon, a former Iowa legislator turned radio talk show host and climate activist who once played a game of pool with Biden, wasn’t impressed. He found the former vice-president to be “an eloquent speaker and an all-around likable guy.” But with Iowa recovering from two months of historic flooding linked in part to global carbon emissions, and Democrat supporters rating climate change as a top concern, Fallon wanted to know how seriously Biden takes human survival on our planet.

So when Biden spoke in Des Moines on May 2, Fallon and 11 others put on penguin masks and stood directly in front of Biden’s podium holding signs that read “Climate is a crisis.” Biden addressed Fallon’s group directly. “Don’t worry, I’ll get to climate change,” he said, adding, “I introduced climate legislation way, way back in 1987,” a reference to a bill he’d pushed urging President Ronald Reagan to back a task force studying global warming. “You’re preaching to the choir,” Biden said.

But Fallon isn’t so sure. Biden at one point told the crowd that “the United States is soon going to be the largest producer of energy of any nation in the world by the end of the 2020s. My lord, what are we so afraid of?” Biden appeared to be referring to the fact that US oil production has rocketed over recent years to 12.1 million barrels per day, surpassing the output of Saudi Arabia and Russia.

He’s proud of that,” Fallon told VICE. “Joe’s boasting about being the biggest oil producer. You can’t be proud of that and fight climate change.”  

Several days later Biden travelled to Los Angeles to speak at some of his campaign’s first fundraising events. At the home of UCLA School of Medicine faculty member Cynthia Telles and media executive Joe Waz, Biden discussed global warming “in passing,” according to notes emailed to reporters from his campaign. Notes from an event at the Jonathan Club, a private Los Angeles social club, don’t mention climate change at all.

“This is not a second-tier problem,” Stokes said. “This is not something we can pretend will be easy to do and we’ll talk about later, this is a fundamental conversation that has to be happening.”

Biden has at times seemed willing to discuss climate change with the urgency it requires. Earlier this year he told the Conference of Mayorsthat the US could easily quadruple the wind power it generates and that half of electricity in North America should come “from non-polluting sources” with six years. If rising seas force millions of people out of their homes, he said, “that’s how wars start.”

Biden received an 83 percent score from the League of Conservation Voters for his support of environmental policy as a US senator, a score that may have been higher if he hadn’t missed votes while several times competing in Democratic presidential primaries, said Tiernan Sittenfeld, the group’s senior vice president for government affairs.

But she said with the impacts of climate change becoming clearer and more deadly all the time, “all candidates who are serious about running for president need to make climate change an absolute top-tier priority.” They must prove every day to voters, Sittenfeld went on, that they’ll “move forward in ambitious ways on combating climate change starting on day one in the Oval Office.” The world as we know it could literally be depending on it.

Geoff Dembicki is the author of Are We Screwed? How a New Generation Is Fighting to Survive Climate Change. Follow him on TwitterThis article originally appeared on VICE US.

May 14, 2019 Posted by | election USA 2020 | Leave a comment