POWER June 2011 - 72

COMMENTARY
U.S. Nuclear Operations in
a Post-Fukushima World
By Kathryn M. Sutton and Stephen J. Burdick
O
n March 11, 2011, the magnitude 9.0 Tohoku earthquake
struck northeast Japan and was followed by a
large tsunami. Both events damaged the Fukushima
Daiichi nuclear plant. These natural forces appear to have
eliminated first the offsite power and then onsite emergency
diesel generators. Explosions at the site followed. As a consequence
of these and other events, the Fukushima plant
experienced significant damage to plant systems, structures,
and equipment.
Perhaps more than for any other industry, a nuclear accident
in any part of the world affects nuclear operations elsewhere.
Such an incident necessarily and inevitably results in
industry self-examination, heightened regulatory oversight,
and third-party scrutiny.
The full extent of any resulting regulatory changes will
not be clear until more is known about the earthquake, the
tsunami, and the resulting performance of the Fukushima
plant. A few important conclusions, however, already have
become clear. First, the existing U.S. nuclear regulatory regime
is robust and already addresses the contributors to
the Fukushima event. Second, the U.S. nuclear industry will
learn from the event. Finally, U.S. nuclear licensing activities
should continue unabated, as the underlying regulatory
regime fully accommodates the lessons learned from Fukushima
and other events.
Current U.S. Nuclear Regulations
The U.S. nuclear regulatory regime is robust and dynamic. Though
specific regulatory requirements will be evaluated and reexamined
in great detail in the coming months and years in response
to the Fukushima event, they already address key issues raised
by that event, including:
■ Reactor siting criteria, such as seismology and hydrology.
■ Designs that protect against natural phenomena and accident
scenarios.
■ Ability to withstand a " Station Blackout " event (loss of all AC
power).
■ Multiple redundant heat removal means during an accident.
■ Separate mitigative strategies intended to maintain or restore
core cooling, containment, and spent fuel pool cooling capabilities
in the event of loss of normal cooling systems.
■ Emergency planning.
Lessons Will Be Learned and Applied
A key strength of the U.S. nuclear industry is its commitment
to learning from operating experience and applying those
lessons in a methodical and analytical fashion. This happened
following the Three Mile Island and Chernobyl nuclear
72
accidents and is happening now. In this regard, the response
by the nuclear industry and its safety regulator, the U.S. Nuclear
Regulatory Commission (NRC), to the Fukushima event
has been swift, systematic, and thorough.
The NRC almost immediately issued a " Temporary Instruction "
to its staff and industry to assess the adequacy of
actions that will be taken in response to events similar to
those experienced at Fukushima. This NRC action parallels
the nuclear industry's independent efforts to assess plant capabilities
to manage natural events and total loss of off-site
power, mitigate flooding, and inspect important equipment
needed to respond successfully to extreme events such as
fires and floods.
In addition, the NRC is independently evaluating the Fukushima
event to determine whether any changes need to
be made to its regulations to provide further protection of
public health and safety. Specifically, the NRC established a
senior level agency task force to review the existing regulatory
regime to determine whether the NRC should make additional
improvements. This task force will brief the NRC at
30, 60, and 90 days on near-term efforts and will continue
its long-term review.
Nuclear Licensing Activities Should Continue
Nuclear reactors in the U.S. are safe to operate now and in the
future. This is due to strict regulation; oversight by an expert
regulatory agency; a transparent, public licensing process; and
a commitment to learning from events around the world and
adapting accordingly. For this reason, nuclear licensing activities
in the U.S. should continue, including the renewal of existing
operating licenses and issuance of new reactor licenses.
The lessons of the Fukushima event will apply to nuclear
plants in the U.S. whether they hold original, renewed, or new
operating licenses. This was true of the NRC's response to past
significant events, such as the Three Mile Island nuclear accident
and the September 11 attacks. Those precedents provide an effective
model to be followed in the coming months and years.
Ongoing licensing processes should not be suspended or delayed,
as the underlying regulatory paradigm fully accommodates the
incorporation and verification of new lessons learned.
The U.S. nuclear regulatory regime will undergo intense scrutiny
in response to the Fukushima event. Although the exact
nature of any regulatory changes is unknown, it is certain that
any such changes will further improve an already robust and safe
U.S. nuclear industry. ■
-Kathryn M. Sutton (ksutton@morganlewis.com) is the head of
the Energy Practice Group and Stephen J. Burdick (sburdick@
morganlewis.com) is an attorney in the Energy Practice Group at
Morgan, Lewis & Bockius LLP (www.morganlewis.com).
www.powermag.com
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POWER June 2011

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