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The Canadian Press
January 30, 2008
Joan Bryden
Fired nuclear boss
testifies; Reactor unsafe committee told
The former head of
Canada's nuclear safety watchdog says she was legally bound
to defy a government directive to restart the Chalk River
reactor last month because the risk of an accident was 1,000
times greater than the international standard.
Linda Keen's refusal to authorize restarting the aging
reactor sparked a critical shortage of medical isotopes and
ultimately led to her firing as president of the Canadian
Nuclear Safety Commission.
But in her first comments since the Conservative government
sacked her late on Jan. 15, a defiant Keen said yesterday that
it wasn't her job to weigh the impact of the shutdown on the
supply of isotopes. Her only duty, as spelled out in the Nuclear
Safety and Control Act, was to ensure nuclear facilities are
operated safely.
"Some have suggested that the chance of a nuclear accident
was low, that the reactor was safe enough," Keen told the
Commons natural resources committee.
"Well, with respect, safe enough simply isn't good enough."
Keen said safety at nuclear facilities must meet the same
high standards expected for a space shuttle or jumbo jet. And
she insisted that "ignoring safety requirements is simply not an
option. Not now. Not ever."
The Chalk River research reactor, which produces more than
half the world's supply of isotopes, was closed for a few days
on Nov. 18 for routine maintenance. But it wound up staying shut
down for almost a month after the commission found it had been
operating without a required emergency backup power system for
two cooling pumps that prevent the reactor's core from melting
down.
Keen said the international standard for acceptable risk in
the case of a nuclear fuel failure is one in a million. The
chance of an accident at the Chalk River reactor, operating
without either of the pumps connected to the emergency power
supply, was one in a 1,000.
Atomic Energy of Canada Ltd., which owns the reactor,
dismissed Keen's assessment of the risk as "erroneous and
misleading."
In a statement issued late yesterday, AECL said there is no
international standard for fuel failures. Moreover, AECL said
the one-in-a-thousand chance of an accident at Chalk River is
based on the risk of a severe earthquake knocking out all
electrical power plus back-up diesel and battery power at the
facility.
Even in a worst-case scenario, in which the reactor coolant
boiled away, AECL said the reactor is a small one that operates
at low temperature and low pressure. As a result, radiation
exposure to workers would be "less than half the radiation
exposure received from a CT scan" and public exposure would be
even less.
Parliament voted unanimously to override the safety
regulator's objections and the reactor was restarted Dec. 16,
with one pump hooked up to emergency power. AECL was given 120
days to connect the second pump.
At the time, Prime Minister Stephen Harper boldly asserted
there would be no accident at Chalk River. He and Natural
Resources Minister Gary Lunn argued that the health risk from
the lack of isotopes, used in the diagnosis and treatment of
cancer and heart ailments, greatly outweighed the remote risk of
a nuclear accident. Before introducing emergency legislation on
Dec. 11 to override the commission, Keen said Lunn initially
seemed to blame AECL for the fiasco. She said he called her on
Dec. 5 and said: "I guess AECL has dropped the ball."
Three days later, she said, Lunn called again and then wrote
her on Dec. 10 directing her to restart the reactor.
Lunn has denied telling the independent commission what to
do, but Keen was adamant: "There is no doubt we were being told
what to do and when to do it."
Health Minister Tony Clement, who testified at committee
following Keen, insisted the government was right to fire Keen.
And, by agreeing to legislation to override the commission,
Clement said all MPs endorsed the sacking as well.
"The decision that Parliament made was that Linda Keen ...
got it wrong," said Clement. "She failed to balance the risks to
the health and safety of Canadians, many of whom required
treatment for cancer and cardiac therapies, she failed to
balance their needs against the potential for some form of
nuclear accident."
But Liberal, NDP and Bloc Quebecois MPs were united in
praising Keen for doing her job and accused the government of
making her a scapegoat to cover up its own incompetence. Liberal
Omar Alghabra went so far as to apologize to Keen for having her
reputation "dragged through the mud."
Keen, who still sits on the safety commission, later told
reporters she's hired counsel to explore her legal options.
Keen said the watchdog must act independently, and warned
that the government's actions are putting a chill through the
public service. Auditor General Sheila Fraser, who testified
earlier at committee, agreed that the government's decision to
fire Keen raises concerns about the independence of regulatory
bodies.
"Clearly, I think there are questions that arise around the
independence of regulatory bodies, how they are to be dealt
with, what is the protocol with government," Fraser said.
"There would certainly seem to be, as a minimum, a lack of
clarity around some of this."
Fraser said it's appropriate for Parliament to override an
independent regulator when issues arise that are outside the
regulator's mandate. But she said that doesn't mean the
regulator isn't doing its job.
"The regulator could have done a perfect job, arrived at a
decision but there are other factors that have to be taken into
account ... and it is not inappropriate that that go to
Parliament."
Fraser, who was appointed by the Liberals, also took issue
with Harper's characterization of Keen, a career bureaucrat, as
a "Liberal appointee."
"To say that I was appointed by a Liberal prime minister is
factual. To try to infer from that that I have any partisan
leanings, I would take great exception to that," Fraser told the
committee.
Opposition parties have blamed the government for failing to
anticipate the extended shut-down of the 50-year-old Chalk River
reactor. They note that Fraser rang warning bells in an audit of
AECL last fall.
But Fraser said yesterday there was nothing in the audit that
suggested an extended shutdown of the reactor was likely.
Clement dismissed reports that the government waited until
Dec. 10 - 19 days after the reactor first shut down - to seek
help from four other reactors around the globe that also produce
isotopes.
While there was a conference call on Dec. 10, Clement said he
and other officials had spoken to nuclear officials in Belgium
and France a couple of days earlier. He said it was determined
that the other reactors could not alleviate the isotope
shortage, meeting only 10-15 per cent of the demand in Canada.
While the committee rehashed the controversy, the
government's decision to override the safety watchdog and fire
Keen was coming under fire abroad.
British magazine New Scientist chided Canada in an editorial
for "sending out a dangerous message over nuclear safeguards."
With AECL exporting its nuclear technology to countries like
China, India and Pakistan, the magazine said Canada is
signalling that it's OK to compromise public safety in order to
keep one of its reactors open.
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