Mantashe ignores demand to lift suspension of Board member

Previous posts have described how the NNR Board member Peter Becker, who was appointed to the NNR Board to represent communities was first excluded from Board processes in early January 2022, then formally suspended by Minister Mantashe on 18 January, as well as the response to the suspension letter. The Minister was subsequently sent the letter below, which demanded that he lift the suspension due to the fact that while he has the power to discharge a Board member, he has no power to suspend.

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Suspension of NNR Board member: Response

Further to our previous post re being excluded from Board meetings, and later receiving a letter from Minister Mantashe suspending him, Peter Becker’s legal representative wrote as below to the Minister.

It has since emerged that on the same day of the letter, 18 January 2022, Eskom received approval from the National Nuclear Regulator (NNR) to go ahead with the replacement of the first three steam generators at Koeberg.

It is a peculiar coincidence that based on a legal opinion delivered in early October 2021, the Minister happened to write the suspension letter on the day the NNR approved this major project, which is a key component of Eskom’s plan to extend the life of the ageing plant by twenty years.

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Minister suspends Civil Society representative to NNR

Further to our previous post re being excluded from Board meetings, Peter Becker, the representative of communities potentially affected by decisions of the National Nuclear Regulator, has been formally suspended with immediate effect.

Becker strenuously denies all the allegations of ‘misconduct’ and ‘conflict of interest’ which have been made against him and hopes to challenge this decision and have it reversed.

Meanwhile, the Regulator presses forward with deliberating on what approvals to grant the Koeberg Nuclear plant at a critical time when work is about to start to extend its lifetime by twenty years. This is precisely the time when it would be in the public interest to have someone with Becker’s expertise involved in oversight of NNR processes.

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Civil society representative excluded from NNR board

The National Nuclear Regulator (NNR) is tasked with protecting the public and the environment from radiation. The NNR Act of 1999 requires that the Board of the NNR includes a person representing civil society. Despite that, in 2020 civil society became progressively unhappy that there seemed to be no such representative.

After being nominated by several organisations in late 2020, in June 2021, Peter Becker of the Koeberg Alert Alliance was appointed to the Board to fulfil this role.

Currently, there is a lot of attention on the work being done at Koeberg which requires prior approval from the NNR. There are meetings of the Board this week where technical aspects of these matters will be discussed and decided on.

On Monday 17 January Becker was refused access to the agenda and document packs for these meetings by the Board secretary, and his access to the online document portal has been revoked. He wrote to the Board chair asking for a reason, but to date no response has been received. He also was not invited to the online meetings.

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Is Koeberg really run under a permit from the IAEA?

On the Cape Talk show ‘Breakfast with Refilwe Moloto’ on 29 October 2021 the issue of the safety of the Koeberg Nuclear Power plant was discussed with guest Mike Rossouw. Rossouw mentioned the International Atomic Energy Agency, and made some statements which are in need of correction. (Cape Talk has subsequently done a follow up which can be heard here.)

On the show Rossouw said that “Eskom is regulated by an International Nuclear Agency”, which is incorrect. The IAEA can only make recommendations to a member country, and member countries are free to implement, or ignore, those recommendations. For example, in 2013 the IAEA made several recommendations concerning South Africa, and while some of these have been implemented, others have simply been ignored for the past eight years.

Consequently, Eskom does not require a ‘permit’ from the IAEA to operate Koeberg, as Rossouw stated on the show. He said “the real risk is that the Agency will recall their permit, in which case they will have to shutdown”.

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NERSA conditional nuclear concurrence distracts from Koeberg problems

NERSA conditional concurrence with new nuclear

The National Energy Regulator of South Africa (NERSA) has given a conditional concurrence with the section 34 ministerial determination to proceed with procuring a new nuclear plant. This concurrence has some crucial suspensive conditions, in particular 1.3. This makes it clear that given the information put before NERSA, the decision to go ahead with a nuclear build cannot be considered rational.

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Civil society responds to reports of Koeberg contract

It was recently widely reported in the media that a US-based engineering company has been awarded a portion of a R20bn contract to extend the life of the Koeberg nuclear power plant. Activists and civil organisations are concerned that the legal processes required to grant a licence for a life extension have not been followed.

Koeberg’s nuclear licence expires in 2024

In order to operate beyond 2024, Eskom needs the approval of the NNR, and a new licence to be issued. This licencing process is described in new regulations published in March 2021, which requires a notice in the government gazette as well as announcements in local newspapers. This would allow the public to make comments for the NNR to take into account before making a decision. However, it appears that this process has not been followed.

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Ministerial agreement contradicts IRP 2019

Too much power

The responsibility of regulating the safety of nuclear installations in South Africa is concentrated in the hands of one man, who appoints not only the members of the National Energy Regulator of South Africa (NERSA), but also the CEO of the National Nuclear Regulator (NNR) , and its board via an opaque process. The same man has committed in writing to both procuring a new nuclear plant by 2024, and extending the life of Koeberg by 20 years beyond its design lifetime.

Ministerial performance agreements address poor service delivery
In 2019, in an attempt to address poor service delivery, President Ramaphosa required each national minister to sign a performance agreement. This was laudable, but in some cases has had unforeseen and negative consequences.

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Eskom lawyers insist IRP 2019 must be ignored

After 17h00 on Thursday the 1st of April, the eve of the Easter weekend, Eskom’s response to the Nuclear-1 Environmental Authorisation (EA) appeal was released. This response marks the last step before Environment Minister Barbara Creecy makes a final decision on granting Eskom permission to build a new nuclear plant at the Koeberg site, 27kms north of the city of Cape Town.

According to civil organisations, the response document contains misinformation and worryingly shows Eskom pushing for a new nuclear build, overriding the country’s energy plan, the Integrated Resource Plan of 2019 (IRP 2019).

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Eskom responds to Koeberg cracks

In response to our press release Cracks in Koeberg Safety Claims Eskom released a statement (full text given below) on 12 February 2021. This statement ignores several of the issues we raised, obfuscates others, and provides some further alarming information.

Maintenance and testing is being done …
The Eskom statement says “repairs have been implemented” which sounds initially reassuring. However, the report itself describes the repairs in progress at the time as follows:Extract from report: neither ideal nor sustainable

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