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.
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.
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agenda and document packs for these meetings by the Board secretary, and his access to the online document portal has been revoked.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.
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.
An anti-nuclear demonstration held on Bloubergstrand Beach on 16 December highlighted concerns of Capetonians about the implications of Eskom extending Koeberg’s lifespan next year. The nuclear plant reaches the end of its 40-year lifespan in 2024 but Eskom is trying to extend its operating life by another 20 years before any public consultation.
Shortly after midnight on 28 October 2021 some test results became available which found excessive levels of Iodine-131 in the ventilation system at the Koeberg nuclear power station. This was likely a result of a test which had been done in the afternoon, combined with faulty filtration systems that meant the Koeberg Security Central Alarm Station (CAS) had to be evacuated.
While it is reassuring that Eskom were testing this safety system, no standard test procedure includes evacuating all staff from the security nerve centre of a nuclear plant. Clearly there was something significantly wrong.
While Eskom has not released much by way of detail, it is likely to be a result of a combination of three factors.
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”.
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.
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.
The KAA has noted recent media reports that claim Jacobs Engineering Group has secured a contract to extend the life of the Koeberg nuclear power plant.
Koeberg is operated by Eskom, under a licence from the National Nuclear Regulator (NNR) which expires in July 2024. In order to operate beyond that date, Eskom needs the approval of the NNR for the life extension, and a new licence to be granted. This licencing process requires a public participation process which the NNR is obliged to take into account before making a decision.
The fact that this contract has been announced before the NNR has indicated it has even received the life extension application from Eskom is deeply concerning. The NNR has the mandate to protect the public, but to allow Eskom to ignore due process and make this announcement as if the extension is a ‘done deal’ calls into question the independence of the NNR.