Court order suspended NNR decision making

After Minister Mantashe suspended the civil society representative on the Board of the National Nuclear Regulator (NNR), an urgent court date was set to challenge the legality of this suspension. This appeared to be an open and shut case, and so the Minister through the State Attorney, and the NNR through the firm MacRobert Attorneys, reached out to make a settlement.

As part of the settlement, the Minister agreed to make a decision on whether or not to discharge the community representative, Peter Becker, by 15 February 2022. In the same settlement, the NNR agreed to suspend all decision making and meetings of the Board and subcommittees while the illegal suspension was in effect. This settlement agreement was made an order of the High Court. As it turned out, the Minister did not meet the deadline, and it is not know whether or not the NNR complied with the order.

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Protestors hand demands to National Nuclear Regulator

On 17 February 2022 a small group of protesters representing civil society organisations gathered outside the National Nuclear Regulator (NNR) offices in Tableview to protest the suspension and pending discharge of their representative on the NNR Board. There organisations represented included then Southern African Faith Communities Environment Institute (SAFCEI), Project 90 by 2030, 350Africa.org, Koeberg Alert Alliance and the Federation for Sustainable Environment. Below are some photographs of the event, as well as the list of demands that was handed over.

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Minister provides reasons for intention to discharge community representative

Previous posts have described how Minister Mantashe suspended the Board member who was representing communities on the Board of the National Nuclear Regulator (NNR). This suspension had no basis in law, and to avoid an urgent court case set for 8 February 2022, a settlement was reached whereby Mantashe agreed to make a decision on whether or not to discharge the Board member by 15 February. Despite this settlement agreement being made an order of the court, Mantashe failed to do so. However, on 15 February he finally laid out his reasons for intending to discharge the Board member. The full letter is included below.

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Suspension of NNR Board member challenge: settlement reached

Issued by Rodney Anderson, of Save Bantamsklip

Save Bantamsklip | Xplorio Gansbaai

Six months after appointing a Board member to the Board of National Nuclear Regulator (NNR) in order to represent affected communities, Minister Mantashe unlawfully suspended Peter Becker on 18 January 2022. He has been a vocal campaigner against nuclear power in South Africa for about 12 years, and when Mantashe appointed him in June 2021 it was widely welcomed as an enlightened step. According to the NNR Act of 1999, the NNR Board also includes a member from the Department of Mineral Resources and Energy (DMRE), well known for a very pro-nuclear stance.

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Modelling report: Koeberg life extension costs the country

It is generally agreed that nuclear power comes with an inherent risk. What is hotly debated is whether or not there are benefits which outweigh that risk. When it comes to the Koeberg Nuclear Power Plant, Eskom have had the approach that since Koeberg produces electricity at a cost of around R0.45 per kWh, it is a ‘no-brainer’ to spend whatever is needed on a refurbishment to extend the life of the plant beyond the end of its design life in 2024.

A recently released modelling report estimates that doing that refurbishment would result in additional costs of R50bn “from a combination of the actual costs of life extension, additional open cycle gas turbine (OCGT) usage, large key-customer curtailment requests/instructions, and scheduled load-shedding.” It will also increase carbon emissions due to the additional use of OCGTs.

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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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Eskom statement re Koeberg outage confusing and disingenuous

On 15 January Eskom released a statement saying that Koeberg unit 2 “will on Monday 17 January 2022 be taken offline for a regular refuelling and maintenance outage that is scheduled for five months.”

Setting the disingenuous tone
Firstly it is disingenuous to call this a “regular refuelling” outage. It is about as accurate as saying your car is going to the mechanic for refuelling, and by the way while busy filling the tank they will also replace the gearbox. The vast majority of the cost and the duration of the outage will be to do the refurbishment, so it is more accurate to call this a refurbishment outage.

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