Black Fox Nuclear Power Plant (Oklahoma) and Fracking Safety/Liability?

Delta Force

Banned
When the now canceled Black Fox Nuclear Power Plant was first proposed Oklahoma was one of the least seismically active areas of the United States. Since 2009 the frequency of earthquakes has increased nearly 200 times, to the extent that the United States Geological Service has declared the earthquake risk in the area to be on par with California. It's thought that hydraulic fracturing technology might be responsible for the increased earthquake activity in the area.

Would Black Fox Nuclear Power Plant have been safe to operate under the current earthquake conditions in Oklahoma if it had been completed as planned? If not, would the utility be able to seek redresses from the petroleum industry for its losses? Doesn't tort law generally require a specific party to be named, which would be difficult if not impossible given the fact that numerous companies are involved in hydraulic fracturing and earthquakes are a naturally occurring phenomena?

Also, what if an earthquake believed to be caused by fracking activity led to an incident at the plant? Obviously the Price-Anderson Act would cover liabilities up to a certain amount, but could the utility sue for the loss of the facility itself, and perhaps the insurers and United States federal government for their insurance losses?
 
OK earthquakes are usually <magnitude 4. You can only feel them if you are standing on solid ground. The earthquakes of that magnitude I experienced in Ontario felt like a badly tuned truck engine was running in the next unit over (at work). Never noticed them at home.
 
............ Doesn't tort law generally require a specific party to be named, which would be difficult if not impossible given the fact that numerous companies are involved in hydraulic fracturing and earthquakes are a naturally occurring phenomena? ........

.......................................................................................

OTL Don't worry, tort lawyers will always find a loophole that allows them to maximize billable hours.
Typically, plaintiffs launch "shotgun" style lawsuits that accuse anyone vaguely related to the sin.
Defendants are gradually excused as prosecutors learn which defendants have the shallowest pockets.
Innocence or guilt has little influence on the final list of defendants, as prosecutors always focus on the deepest pockets.

For example: I was injured in an airplane crash more than 8 years ago. 4 years after the crash, personal-injury lawyers told me that I had been named as a victim and they were suing a variety of parties: 2 aircraft maintenance organizations, co-owners of the airplane, the engine manufacturer, the fuel pump manufacturer and Transport Canada. Almost 8 years after the crash, the AMOs and manufacturers were excused because they had covered their butts (with Special Inspections). Now only the airplane owner and Transport Canada are still involved. TC has deep pockets, so the next question is how well the co-owners can hide their other assets (airplane's). If we are lucky, the judge will hand down his decision 8.5 years after the crash.
While lengthy court trials may exhaust the wounded, lawyers love lengthy court trials because they maximize billable hours.
 

Delta Force

Banned
OK earthquakes are usually <magnitude 4. You can only feel them if you are standing on solid ground. The earthquakes of that magnitude I experienced in Ontario felt like a badly tuned truck engine was running in the next unit over (at work). Never noticed them at home.

Earthquakes are a lot more powerful in Oklahoma now. There was a 5.8 magnitude earthquake in September 2016 that was the most powerful in Oklahoma history and the most powerful earthquake in the Eastern United States in the past 70 years (tied with the 2011 Virginia Earthquake).

The Virginia earthquake occurred 10 miles away from North Anna Nuclear Generating Station and exceeded the design specifications for the reactors. The reactors actually suffered a slight power reduction from the vibrations but there wasn't any structural damage to the units. For some reason I'm thinking all nuclear reactors are built to withstand at least a Magnitude 6.0 earthquake, but I'm unsure of that, and it might be higher in more recent designs.
 

Delta Force

Banned
............ Doesn't tort law generally require a specific party to be named, which would be difficult if not impossible given the fact that numerous companies are involved in hydraulic fracturing and earthquakes are a naturally occurring phenomena? ........

.......................................................................................

OTL Don't worry, tort lawyers will always find a loophole that allows them to maximize billable hours.
Typically, plaintiffs launch "shotgun" style lawsuits that accuse anyone vaguely related to the sin.
Defendants are gradually excused as prosecutors learn which defendants have the shallowest pockets.
Innocence or guilt has little influence on the final list of defendants, as prosecutors always focus on the deepest pockets.

For example: I was injured in an airplane crash more than 8 years ago. 4 years after the crash, personal-injury lawyers told me that I had been named as a victim and they were suing a variety of parties: 2 aircraft maintenance organizations, co-owners of the airplane, the engine manufacturer, the fuel pump manufacturer and Transport Canada. Almost 8 years after the crash, the AMOs and manufacturers were excused because they had covered their butts (with Special Inspections). Now only the airplane owner and Transport Canada are still involved. TC has deep pockets, so the next question is how well the co-owners can hide their other assets (airplane's). If we are lucky, the judge will hand down his decision 8.5 years after the crash.
While lengthy court trials may exhaust the wounded, lawyers love lengthy court trials because they maximize billable hours.

But how would you determine proportional responsibility for an earthquake?
 
Class lawsuit vs Nuclear Power Plant operation on Lex specialis this is not even funny to imagine.
 
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