By Charles D. Ferguson
The ongoing Japanese nuclear crisis underscores yet again the risks inherent in this essential energy source. But it should not divert nations from using or pursuing nuclear power to generate electricity, given the threat from climate change, the health hazards of fossil fuels, and the undeveloped state of renewable energy. Instead, the events at the Fukushima Daiichi Nuclear Power Plant should turn more attention to ensuring that nuclear power plants meet the highest standards of safety and protection against natural disasters.
More than 30 nations have commercial nuclear power plants. A further two dozen are interested in having them, including several in earthquake risk areas such as Indonesia, Malaysia and Turkey.
Some nations are pro-nuclear for energy security; some for prestige. Others, including Iran, have invested in nuclear power because they may want the capability to make nuclear weapons. These nations are seeking to acquire uranium enrichment or reprocessing technologies: useful either for producing fuel for peaceful nuclear reactors or fissile material for nuclear bombs.
Although some national leaders profess to be interested in nuclear energy because operating plants do not emit greenhouse gases, this is usually a secondary motivation. If it were their primary concern, nations would invest far more than they have in measures such as energy efficiency and solar and wind technologies.
The Japanese crisis has affected three important criteria: public opinion, safety and economic costs. Governments and utilities have had to grapple with these for decades. Now they must renew their efforts to finance expensive nuclear projects and ensure that existing and future nuclear plants maintain the highest standards — and must be seen to do so by the public.
Building nuclear power plants has always been expensive. For a large reactor with a power rating of 1,000 megawatts or greater, the capital cost ranges from US$4 billion to $9 billion depending on reactor design, financing charges, the regulatory process and construction time. The recent nuclear crisis is likely to change all of these, pushing up costs.
Contemporary plant designs — ‘generation III’ — have better safety features than the 1970s-era generation II designs for the Fukushima reactors, making them more expensive. Some, such as the AP1000 designed by the Westinghouse Electric Company, headquartered in Cranberry Township, Pennsylvania, have passive safety features that do not require technicians to activate emergency systems or electrical power to ensure safety after a mishap. Others, such as Paris-based Areva’s EPR, have advanced active safety systems designed to prevent the release of radioactive material to the environment. Further designs, such as the pebble-bed modular reactor, may prevent nuclear fuel from ever experiencing a meltdown. Concerns were raised about the Fukushima designs as early as 1972, the year after reactor unit 1 began operations. But the nuclear industry opposed shutting down such reactors because 32 were in operation worldwide — about 7% of the world’s total. Almost one-quarter of the reactors in the United States are of this type. The remaining plants of this design should undergo a thorough safety review and, as a result, some may need to close. Since the crisis began, several governments, including China, Germany and Switzerland, have called for increased scrutiny of their plants and a moratorium on plant construction until plant safety is assured. Germany has also shut down its seven oldest reactors.
But phasing out nuclear power worldwide would be an overreaction. It provides about 15% of global electricity and even larger percentages in certain countries, such as France (almost 80%) and the United States (about 20%). Eliminating nuclear power would lead to much greater
David Michaels is a scientist and former government regulator. During the Clinton Administration, he served as Assistant Secretary of Energy for Environment, Safety and Health, responsible for protecting the health and safety of the workers, neighboring communities, and the environment surrounding the nation’s nuclear weapons factories. He currently directs the Project on Scientific Knowledge and Public Policy at The George Washington University School of Public Health and Health Services. His most recent book, Doubt is Their Product: How Industry’s Assault on Science Threatens Your Health explains how many of the scientists who spun science for tobacco have become practitioners in the lucrative world of product defense. Whatever the story- global warming, toxic chemicals, sugar and obesity, secondhand smoke- these scientists generate studies designed to make dangerous exposures appear harmless. Earlier today we excerpted from the introduction to the book, the excerpt below is from Michaels recommendations to reform the courts’ role in our public health system.
Courts are a repository of large amounts of information that is potentially important in public health protection. Every chapter of this book contains material that was uncovered during the discovery process in a legal proceeding: documents that prove industry campaigns to manufacture uncertainty; others that prove corporate knowledge of significant health hazards years, if not decades, before they were acknowledged; and vital scientific studies that should have been in the literature but were hidden by their corporate sponsors. It is almost always in the public’s interest to place these documents in the public domain, but defendants, who want to avoid bad publicity and the encouragement of additional lawsuits, are often willing to offer the plaintiff a more generous settlement in return for secrecy. Seduced by the larger settlements, plaintiffs and their attorneys have little incentive to oppose the practice, and judges benefit by clearing their dockets of complex, time-consuming litigation. So the deal is done, and the documents are sealed from public view, sequestered forever. The loser is society. Secrecy diminishes our ability to both identify public health and safety hazards and prevent further harm.
Protective orders and secrecy agreements have hidden critical evidence of hazards associated with dozens of materials, products, and processes: automobiles, medicines, child car seats, BB guns, toys, cigarette lighters, school lunch tables, water slides, and many more. No price is paid by the parties involved to the contrary, it is a win-win deal for them—while the public and regulators are left in the dark. Secrecy agreements are a nefarious practice, and the courts have the means of limiting if not eradicating them. Some do so. The judges of the U.S. District Court for the District of South Carolina have issued rules ‘‘disfavoring court-ordered secrecy in cases affecting public safety,’’ but they appear to be in the minority on the federal bench. Judges in toxic tort cases may consider this issue in approving secrecy agreements, but such consideration does not carry the day often enough.
How could the courts put some teeth into rules to discourage the sealing of important documents? Dan Givelber, former dean of the Northeastern University School of Law, and Tony Robbins, former head of NIOSH, the U.S. National Vaccine Program, and two state health departments, have coauthored an intriguing proposal. They suggest that, if harm has been caused by a hazard that was the subject of previously sealed documents, a jury could use that earlier secrecy agreement as good cause for assessing punitive damages in this later case. With such a rule in place, secrecy agreements would not be a risk-free default position; for hiding the truth, the corporation could pay a steep price the next time around.
Ending this practice will come down to the judges and the rules established for them. It is their responsibility to protect the public. They should do so.
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