Letter to Nuclear Regulatory Commissioners William D. Magwood and George Apostolakis

Letter

Congressman Edward J. Markey (D-Mass.) today sent letters to Nuclear Regulatory Commissioners William D. Magwood and George Apostolakis asking them to reverse their November 8 votes in opposition to a new performance measure related to leaks of radioactive materials, including tritium, from nuclear reactors. These votes run in stark contrast to statements previously made by both Commissioners at their confirmation hearings in which they indicated strong support for NRC involvement in addressing the issue of tritium leaks. In particular, Commissioner Apostolakis, at a separate Congressional hearing in May 2010, proposed a specific means for addressing tritium releases that he subsequently voted against.

"Commissioners Apostolakis and Magwood should practice what they preach when it comes to radioactive leaks at nuclear power plants," said Rep. Markey, top Democrat on the Natural Resources Committee and a senior member of the Energy and Commerce Committee. "I call on them to reverse their votes opposing the very same NRC oversight of these leaks they previously claimed to support."

The letters to Commissioners Magwood and Apostolakis can be found HERE and HERE .

Radioactive tritium has leaked from over three quarters of all U.S. nuclear reactors, and NRC Chairman Greg Jaczko recently reported 38 nuclear power plants have reported leaks or spill of tritium in excess of maximum levels set by the Environmental Protection Agency (EPA) in the course of their operating history. Fourteen reactors currently report a leak or spill of tritium above maximum levels set by the EPA.

In June, Reps. Markey and Peter Welch (D-Vt.) released a Government Accountability Office (GAO) report "Nuclear Regulatory Commission: Oversight of Underground Piping Systems Commensurate with Risk, but Proactive Measures Could Help Address Future Leaks" that found there is no way to assess the integrity of buried pipes at nuclear reactors. Buried pipes at nuclear power plants carry water necessary to cool nuclear reactors. Other buried pipes carry diesel to fuel the emergency generators that power cooling systems in case of a blackout.

Dear Commissioner Magwood:

I write to convey my concerns regarding one of your recent votes that appears to be at odds with your previously stated views and intent.

As you know, in 2005, Exelon announced that millions of gallons of tritiated water had leaked years earlier from its Braidwood nuclear reactor in Illinois and contaminated the environment, including the drinking water in some homes, but had gone unreported to the NRC. Subsequent reports have revealed that tritium has also leaked from about three-quarters of all nuclear power plants, and that the issue is one that troubled members of the public and Members of Congress. In fact, I have conducted considerable oversight related to this issue dating back to 2006.

Recently, NRC Chairman Jaczko noted that "the Environmental Protection Agency set a maximum contaminant level of drinking water at 20,000 picocuries per liter (pCi/L) for tritium. Thirty-eight of these plants have had leaks or spills that involved tritium in excess of 20,000 pCi/L at some time during their operating history. Fourteen plants are currently reporting tritium, from a leak or spill, in excess of 20,000 pCi/L."

At your February 9 2010 confirmation hearing before the Senate Environment and Public Works Committee, you expressed some empathy for the concerns related to this issue, stating in response to questions that:

"When I think about these other cases we hear about around the country, I think that people need to understand that the public views these kinds of problems as an indication of a deeper management problem at the plants. So one of the things that I will certainly do if I am confirmed is to make that point very clearly to people operating nuclear power plants, that it isn't the point that it is not hurting anyone. The point is showing that you don't you're your act together. That is the most important thing."

At an October 18, 2010 all-hands meeting of the NRC, you stated, with regard to the tritium issue, that :

"when people buy a farm a few miles away from a nuclear power plant, they have a right to expect that the groundwater is not contaminated by tritium. And having government scientists tell them that these levels of tritium don't hurt you is not a very satisfying response from the government. So, I think that we have to look at this both as a dispassionate regulator, but also with an understanding on something they think is a threat."

It was with some surprise then that I learned that on November 8 2011, you voted against a proposal made by NRC staff that the Commission adopt an amendment to its Reactor Oversight Process, described as "a means to collect information about licensee performance, assess the information for its safety significant, and provide for appropriate licensee and NRC response, " to add a new performance measure related to leaks of radioactive materials from nuclear reactors. In fact, in your vote to disapprove the measure, you stated that NRC "staff should not, at this time, consider imposing a regulatory footprint over the industry's voluntary effort to address groundwater contamination issues."

Chairman Jackzo stated in his support for the measure, which was disapproved by a vote of 3-2, that "While I appreciate the industry's efforts to address underground leakage of groundwater contamination, I believe it is necessary for the agency to objectively and independently monitor licensees' performance and openly provide that information to the public." I agree. Your previous statements to Congress and in other venues seemed to indicate you did as well. I urge you to reverse your vote so that your Commission actions are consistent with your commitments to Congress.

Sincerely,
Edward Markey

Dear Commissioner Apostolakis:

I write to convey my concerns regarding one of your recent votes that appears to be at odds with your previously stated views and intent.

As you know, in 2005, Exelon announced that millions of gallons of tritiated water had leaked years earlier from its Braidwood nuclear reactor in Illinois and contaminated the environment, including the drinking wter in some homes, but had gone unreported to the NRC. Subsequent reports have revealed that tritium has also leaked from about three-quarters of all nuclear power plants, and that the issue is one that troubled members of the public and Members of Congress. In fact, I have conducted considerable oversight related to this issue dating back to 2006.

Recently, NRC Chairman Jackzo noted that "the Environmental Protection Agency set a maximum contaminant level of drinking water at 20,000 picocuries per liter (pCi/L) for tritium. Thirty-eight of these plants have had leaks or spills that involved tritium in excess of 20,000 pCi/Lat some time during their operating history. Fourteen plants are currently reporting tritium, from a leak or spill, in excess of 20,000 pCi/L."

At your February 9,2010 confirmation hearing before the Senate Environment and Public Works Committee, you said in no uncertain terms that you shared these concerns, stating:

"I think the NRC should make sure that the buried pipes from which the tritium was leaking remain intact, that there should be programs of some sort or something in the regulations that will make sure that these pipes do not leak. I don't think that any leaks are acceptable."

At a May 5, 2010 hearing before the Senate Environment and Public Works Committee, you made a specific proposal to remedy the tritium problem, suggesting that the NRC's Reactor Oversight Process (ROP), described as "a means to collect information about licensee performance, assess the information for its safety significance, and provide for appropriate licensee and NRC response," might be one way to address the tritium issue. Specifically, you stated that:

"I think the oversight process is one of the most successful processes that has been proposed by the Commission. It is being improved all the time, but I got some crazy ideas as we were discussing earlier the tritium issue, that maybe we ought to include something, and again, this is completely personal now, as I have not even talked to my colleagues about it, to add to the process something that deals with events that undermine public confidence, that are not safety significant. They are not threatening the health of anybody, but it might be a good idea to at least think about it because the oversight process I think works very well now to protect the public health and safety."

It was with some surprise then that I learned that on November 8 2011, you voted against the precise proposal that you seemed to have suggested --namely, that the Commission adopt an NRC-staff recommended amendment to its Reactor Oversight Process to add a new performance measure related to leaks of radioactive materials from nuclear reactors.

Chairman Jackzo stated in his support for the measure, which was disapproved by a vote of 3-2, that "While I appreciate the industry's efforts to address underground leakage of groundwater contamination, I believe it is necessary for the agency to objectively and independently monitor licensees' performance and openly provide that information to the public." I agree. Your previous statements to Congress and in other venues seemed to indicate you did as well. I urge you to reverse your vote so that your Commission actions are consistent with your commitments to Congress.

Sincerely,

Edward Markey

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