Threat of legal action forces release of safety information about Koeberg

Posted on by Koeberg Alert
Extract from the previous version of the Safety Case – revision 1a

This press statement was first released by Save Bantamsklip on 15 September 2023

In March 2023 civil society groups rejected the consultation process for the Koeberg life extension run by the National Nuclear Regulator (NNR), citing concerns about a lack of transparency. Those concerns are now vindicated as the threat of legal action has forced Eskom to release information that was previously being withheld from the public by both Eskom and the NNR. (The newly released versions can be found at the bottom of this article.)

Continue reading →

Koeberg refurbishment costs vastly underestimated

Posted on by Koeberg Alert

Issues are mounting at the Koeberg nuclear plant as the life extension project gets further and further behind schedule, the exodus of skilled staff continues, the number of disputes between Eskom and the various contractors continues to mount alarmingly and the expiry date of the operating licence draws closer. Against this backdrop, analysts and activists have questioned the R21bn Eskom has provided for the project and are concerned that massive unreported costs overruns pose a substantial financial risk to Eskom and the Treasury.

Title page of submission on costs of Koeberg life extension

A collaborative effort was made to compose a detailed report titled Submission on Koeberg Refurbishment which was sent to Treasury in early July 2023 by Lydia Petersen, a member of the Koeberg Alert Alliance and the Southern African Faith Communities’ Environment Institute (SAFCEI). To-date there has been no direct response or acknowledgment of receipt of the report from Treasury.

Continue reading →

NNR Court case:  Heading to the Supreme Court

Posted on by Koeberg Alert

Despite two rulings from the Western Cape High Court saying that National Nuclear Regulator (NNR) board member and civil society representative Peter Becker’s dismissal was “unlawful, unconstitutional and invalid”, Minister Mantashe and the chairperson of the NNR Board are both now attempting to take the matter to the Supreme Court of Appeal (SCA). 

In the 26 May 2023 High Court ruling, Judge Babalwa Mantame criticised the respondents, stating: “It appears that the respondents decided on reading the judgment of this Court selectively” and denied Mantashe and the NNR the right to appeal (see below for full judgment). However, both the Minister and the NNR chairperson have now indicated they will be requesting direct access to the SCA.

Continue reading →

Civil society rejects NNR public consultation process for Koeberg life extension

Posted on by Koeberg Alert

Koeberg comes to the end of its life in the second half of 2024 when Eskom’s licence issued by the National Nuclear Regulator (NNR) expires. Eskom has applied to the NNR for a twenty year extension to this licence and were required to prepare a Safety Case which described why such an extension would be safe. Initially, at a Public Safety Information Forum meeting on 31 March 2022, Eskom refused to release the Safety Case publicly but later backtracked and released a redacted version of it with many sections blacked out in January 2023. 

As part of the licence application, the NNR started a public consultation process on 8 January 2023 with a deadline for submissions on 16 March 2023. Due to the lack of transparency from Eskom, civil society organisations have rejected this process and demanded the complete suspension of the comment period.

Continue reading →

State of disaster regulations a nightmare

Posted on by Koeberg Alert

On 27 February 2023 the Department of Cooperative Governance and Traditional Affairs gazetted the national state of disaster regulations related to South Africa’s energy crisis.

When the government first announced that it intended to declare a state of disaster, many experts and organisations stated that it was not necessary and a relaxed legislative environment would erode democratic governance. Inaction by the Department of Mineral Resources and Energy (DMRE) caused the high levels of load shedding. Declaring a state of disaster was just an attempt to deflect blame.

This declaration of a state of disaster to “cut through the red tape” also allows the state to bypass important regulations and processes which is a major concern.

Continue reading →

NNR Court case: High Court hands down scathing judgment

Posted on by Koeberg Alert

First, some background…
The National Nuclear Regulator (NNR) Act of 1999 requires that one Board member is appointed “representing communities”. In 2020 civil society became concerned that this post had been vacant for a while and there seemed to be no attempt by Minister Mantashe to appoint anyone to this position. After receiving nominations for Peter Becker from several civil society organisations and requesting Becker’s CV, the Minister appointed him in June 2021.

In the first Board meeting he attended in July 2021, there was a complaint initiated by Eskom that Becker’s well known anti-nuclear stance was a conflict of interest and it was resolved to get a legal opinion to inform the Board. The opinion was prepared by MacRobert attorneys, and the Chair forwarded this to the Minister on 11 October 2021 without sharing it with the full Board. The Chair also requested that the Minister dismiss Becker by writing in an accompanying letter “since the Minister is the competent authority that is responsible for appointment and removal of NNR board members.” For a summary as well as the full judgment, see below.

Continue reading →

NNR Court case: The Replying Affidavit from Becker

Posted on by Koeberg Alert

The matter concerning Minister Mantashe dismissing Peter Becker from the Board of the National Nuclear Regulator (NNR) will be heard in the Western Cape High Court on 9 November 2022. Becker is asking that the decision to dismiss him is reviewed and set aside.

After receiving answering affidavits from Minister Mantashe and also from the Chair of the National Nuclear Regulator, Peter Becker has submitted a replying affidavit in response to the new points raised in the two answering affidavits.

Below is the text of the Replying Affidavit from Becker, which is now in the public court record.

Continue reading →

IAEA report reveals 14 safety issues with Koeberg

Posted on by Koeberg Alert

In March 2022 a team from the International Atomic Energy Agency (IAEA) visited Koeberg to report on how ready the plant was to implement Eskom’s plan to extend its life beyond 2024. Eskom wanted to keep this report secret, but due to a request under the Promotion of Access to Information Act, it is now public.

The report lists fourteen safety issues with the planned life extension, or LTO (Long Term Operation), which mostly highlight that given the current conditions at Koeberg, the refurbishment cannot be done on time, nor safely. The full report is included below.

Continue reading →

NNR Court case: The answering affidavit from Minister Mantashe

Posted on by Koeberg Alert

Minister Mantashe has submitted an affidavit to the High Court in response to a high court application by Peter Becker to review the decision by the Minister to dismiss him from the Board of the National Nuclear Regulator (NNR). Previous posts included the Founding Affidavit, the Supplementary Founding Affidavit and the Answering Affidavit from the NNR and NNR Board Chair. This is the only opportunity for the Minister to present evidence to the court.

The affidavit expresses the view that the function of NNR Board members is to ““Loyally execute the policies of the government of the day” which includes the life extension of Koeberg. The Minister characterises resistance to this plan as “political opposition”, misconduct, and a justified basis for dismissal.

Below is the text of the Answering Affidavit from Minister Mantashe, which is now in the public court record.

Continue reading →

NNR Court case: The answering affidavit from the NNR and the Board Chair

Posted on by Koeberg Alert

In April 2021 Peter Becker launched a high court application to review the decision by Minister Mantashe to dismiss him from the Board of the National Nuclear Regulator (NNR). Previous posts included the Founding Affidavit and the Supplementary Founding Affidavit. After requesting and being granted a three week extension to the deadline, the Chair of the NNR Board, as the second respondent, and the NNR itself as the third, supplied their combined answering affidavit on 1 August 2022. This is the only opportunity for them to present evidence to the court.

Below is the text of the combined Answering Affidavit from the NNR Board Chair, which is now in the public court record:

Continue reading →