Nuke industry writing their own regulations

ProPublica has a powerful article, based on a report by the Inspector General of the Nuclear Regulatory Agency, that this agency has allowed the nuclear industry itself write its own implementation rules for regulations to protect the public safety.

While the Davis Besse case focuses on singular allegations of influence, critics say the industry routinely exercises its muscle in a more pervasive way: through contributions to NRC regulatory guides that advise nuclear companies about how to best follow the agency’s rules.

Large parts of the guides, issued by NRC, incorporate or endorse material written by the industry’s trade group, the Nuclear Energy Institute. The guides – containing detailed technical procedures and reference materials – are a key part of NRC’s oversight. They provide the nuts and bolts advice that nuclear operators follow to stay in compliance but often refer to even more detailed industry guides.

The NRC’s guide on fatigue, for example, details how many hours employees in key jobs can work, how to respond when a worker is too tired, and how many days off employees in certain jobs need. It officially incorporates, with a few exceptions, another 60-page guide compiled by the industry group.

In an e-mail, Thomas Kauffman, a spokesman for NEI, passed along responses to ProPublica’s questions from the trade group’s director of engineering, John Butler. “NRC endorsement, with or without exceptions, of industry guidance is a common practice,” Butler said…

Jim Riccio, who follows nuclear issues for Greenpeace, said that allowing the NEI to play such a large role means the industry can shape much of what nuclear companies are required to do.

Riccio said NRC’s precursor agency, the Atomic Energy Commission, was disbanded after Congress concluded it had become too concerned with promoting nuclear power instead of regulating safety.

A 2003 IG report that concluded that the agency had put off a necessary shutdown of a nuclear plant out of concern for the profits of the company that owned the plant can be found here.