March, 16 2011, 04:25pm EDT
Kucinich Tells Nuclear Regulatory Commission: Shut Down 'Bad Actors' in U.S. Nuclear Power Industry
Demands Safety Guarantees Above and Beyond ‘Redundancy’
WASHINGTON
Congressman Dennis Kucinich (D-OH) today wrote to Chairman of the Nuclear Regulatory Commission (NRC) Gregory B. Jaczko demanding that the NRC revoke the operating licenses of nuclear power plants with poor safety records that place the public at risk of nuclear catastrophe. In his letter, he cited FirstEnergy's Davis-Besse plant.
As Ranking Member of the Subcommittee on Regulatory Affairs, Stimulus Oversight and Government Spending of the Committee on Oversight and Government Reform, which has jurisdiction over the NRC, Kucinich cited a number of existing vulnerabilities of American nuclear power plants in his letter.
Kucinich further requested a Congressional briefing to discuss vulnerabilities of nuclear reactors to natural disasters and NRC plans to address those vulnerabilities at U.S. nuclear power plants.
See a signed copy of the letter here. The full text follows:
March 16, 2011
The Honorable Gregory B. Jaczko
Chairman
U.S. Nuclear Regulatory Commission
Washington, D.C. 20555-0001
Dear Chairman Jaczko:
As the situation in Japan forces us to reconsider our definition of "unlikely," I am writing to request a detailed description of the specific actions the NRC will take to ensure measures are taken to provide a level of protection of public health and the environment for all Americans that exceeds the level of protection provided at the failing Japanese nuclear power plants like Fukushima Daiichi. A briefing to Members of Congress in which you explain the actions should accompany the report.
Specific safety issues addressed should include, but not be limited to a history of plant operator malfeasance and/or ineptitude; the flaws in the Mark I reactor design; the risks posed by earthquakes and tsunamis, floods, power outages, fires and intentional aircraft crashes; and the specific criteria for revoking or denying a license to operate.
As the Ranking Member of the Subcommittee on Regulatory Affairs, Stimulus Oversight and Government Spending of the Committee on Oversight and Government Reform, I look forward to hearing how the NRC will act swiftly to learn important lessons from the tragedy in Japan.
Operators of nuclear power plants with demonstrated poor safety records should not be allowed to continue to put the public at risk. Though there are several examples of companies whose past performance has shown that they should not be operating a nuclear power plant, the story of Davis-Besse, operated by FirstEnergy Nuclear Operating Company (FirstEnergy) is instructive.
On June 9, 1985, FirstEnergy allowed a 12-minute interruption in the feedwater flow to the steam generators, which was cited as a "potential catastrophe." In 2002, Davis-Besse's reactor head corroded nearly all the way through because it was "weakened by years of neglect." A former NRC top safety official, Harold Denton, stated in 2004 that these two incidents represent the nuclear "industry's second and third-lowest points after Three Mile Island."
FirstEnergy's employees tried to conceal the truth about the 2002 incident from the NRC using "tricks, schemes, or devices . . . to deliberately mislead" the agency. David Uhlmann, chief of the Justice Department's environmental crimes section, said that FirstEnergy showed "brazen arrogance" and "breached the public trust" by withholding information about the reactor head incident. Federal prosecutors described the reactor head incident "as one of the biggest cover-ups in U.S. nuclear history."
FirstEnergy paid a record fine of $33.45 million as a result of its actions. Of that amount, a record $28 million was the fine that First Energy paid "to avoid being criminally prosecuted for lying to the government about the dangerous condition of Davis-Besse's old reactor head," according to then-U.S. Attorney Greg White in 2006.
The total fine was merely 1% of FirstEnergy's profits in 2004. While these may have been record fines, they were a mere slap on the wrist for FirstEnergy, creating little incentive to protect the public. This conduct is the product of an inveterate, corrupt culture of long standing deceit and corner-cutting on safety. With such an abysmal record, they, and other nuclear power plant operating companies with poor performance records should not be allowed to continue to operate nuclear power plants.
As you know, I have repeatedly called for the denial of FirstEnergy's application to continue to operate Davis-Besse beyond its designed life span. Until there is adequate accountability, incentives to place profits before safety will persist.
The Fukushima Daiichi plant that is currently considered to pose the greatest threat to human health uses the General Electric Mark I reactor design. The Mark I has been criticized by NRC staff and others for failing to perform one of its primary functions: containing radiation in the event of a problem with the reactor.
The three explosions at Daiichi reactors 1, 2 and 3 that released radioactive substances have illuminated this design flaw. The U.S. has nuclear power plants with the Mark I design in Alabama, Georgia, Illinois, Iowa, Michigan, Minnesota, Nebraska, New Jersey, New York, North Carolina, Pennsylvania, and Vermont. Most are operating at or past their design life and most have recently received 20-year extensions of their operating license.
The Fukushima Daiichi power plant was supposedly designed to withstand extreme events such as earthquakes and tsunamis. It failed, and the success of efforts to prevent meltdowns at Fukushima Dainii power plant, Tokai nuclear power plant, and Onagawa power plant have yet to be determined.
The NRC must review the ability of all nuclear power plants in the U.S. to withstand multiple simultaneous events that could wipe out entire redundancy systems. Plants on or near earthquake faults like San Onofre in Southern California and Perry on Lake Erie in Ohio are particularly vulnerable.
In the New York Times Monday, Michael W. Golay, professor of nuclear science and engineering at Massachusetts Institute of Technology, said, "Utilizing cost-benefit judgments, every nation with nuclear power has set the strongest earthquake that its nuclear plants must survive intact considerably below the level of the Japanese earthquake." We must do better than to rely on a safety standard which has demonstrated that it would bring us to the brink of a nuclear catastrophe.
Other ongoing safety issues at nuclear power plants in the U.S. pose risks similar to those at the Japanese nuclear power plants. Power outages or floods could cripple primary and secondary core cooling systems. Widespread fire protection deficiencies have not been rectified. Most nuclear power plants in the U.S. remain vulnerable to an intentional aircraft crash. Each of these vulnerabilities merits serious scrutiny.
Bringing our nuclear power plants up to a more suitable safety standard will be expensive. The new reality created by the Japanese nuclear reactors will force us to re-imagine what is possible and, therefore, what must be done. Professor Golay summarized the false choice that exists in the prevailing attitude about nuclear power safety options:
In considering the nuclear hazards of strong earthquakes, it's useful to note the results of a study, which I led from 2001 to 2004, for Tokyo Electric Power Company. The study addressed whether to devote resources to provide robust public protection from nuclear risks that could arise in the event of strong earthquakes or to focus such efforts and researches on the direct effects of the earthquake.
We concluded that any earthquake strong enough to damage the reactor, and thus expose the public to harmful radiation, would be much more dangerous to the public in its direct effects, and that it would be more beneficial to devote efforts and resources to general preparedness.
When the choice is between building a reactor that can survive a major earthquake and preparing the public for a major release, the latter wins. This a false choice about ways to direct scarce resources that facilitates profit for a select few, while placing enormous risks on the rest of us. If the citizens of the U.S. and the world cannot be adequately protected from the risks of nuclear power, then nuclear power should not continue to exist and we should turn to cleaner, safer alternatives.
If you have questions, please do not hesitate to contact me.
Sincerely,
/s/
Dennis J. Kucinich
Member of Congress
Dennis Kucinich is an American politician. A U.S. Representative from Ohio from 1997 to 2013, he was also a candidate for the Democratic nomination for president of the United States in 2004 and 2008.
LATEST NEWS
Booze Hound! Lina Khan, Not Done Yet, Targets Nation's Largest Alcohol Seller
"The FTC is doing what our government should be doing: using every tool possible to make life better for everyday Americans," said one advocate.
Dec 12, 2024
The U.S. Federal Trade Commission on Thursday sued Southern Glazer's Wine and Spirits, alleging that the nation's largest alcohol distributor, "violated the Robinson-Patman Act, harming small, independent businesses by depriving them of access to discounts and rebates, and impeding their ability to compete against large national and regional chains."
The FTC said its complaint details how the Florida-based company "is engaged in anticompetitive and unlawful price discrimination" by "selling wine and spirits to small, independent 'mom-and-pop' businesses at prices that are drastically higher" than what it charges large chain retailers, "with dramatic price differences that provide insurmountable advantages that far exceed any real cost efficiencies for the same bottles of wine and spirits."
The suit comes as FTC Chair Lina Khan's battle against "corporate greed" is nearing its end, with U.S. President-elect Donald Trump announcing Tuesday that he plans to elevate Andrew Ferguson to lead the agency.
Emily Peterson-Cassin, director of corporate power at Demand Progress Education Fund, said Thursday that "instead of heeding bad-faith calls to disarm before the end of the year, the FTC is taking bold, needed action to fight back against monopoly power that's raising prices."
"By suing Southern Glazer under the Robinson-Patman Act, a law that has gone unenforced for decades, the FTC is doing what our government should be doing: using every tool possible to make life better for everyday Americans," she added.
According to the FTC:
Under the Robinson-Patman Act, it is generally illegal for sellers to engage in price discrimination that harms competition by charging higher prices to disfavored retailers that purchase similar goods. The FTC's case filed today seeks to ensure that businesses of all sizes compete on a level playing field with equivalent access to discounts and rebates, which means increased consumer choice and the ability to pass on lower prices to consumers shopping across independent retailers.
"When local businesses get squeezed because of unfair pricing practices that favor large chains, Americans see fewer choices and pay higher prices—and communities suffer," Khan said in a statement. "The law says that businesses of all sizes should be able to compete on a level playing field. Enforcers have ignored this mandate from Congress for decades, but the FTC's action today will help protect fair competition, lower prices, and restore the rule of law."
The FTC noted that, with roughly $26 billion in revenue from wine and spirits sales to retail customers last year, Southern is the 10th-largest privately held company in the United States. The agency said its lawsuit "seeks to obtain an injunction prohibiting further unlawful price discrimination by Southern against these small, independent businesses."
"When Southern's unlawful conduct is remedied, large corporate chains will face increased competition, which will safeguard continued choice which can create markets that lower prices for American consumers," FTC added.
Southern Glazer's published a statement calling the FTC lawsuit "misguided and legally flawed" and claiming it has not violated the Robinson-Patman Act.
"Operating in the highly competitive alcohol distribution business, we offer different levels of discounts based on the cost we incur to sell different quantities to customers and make all discount levels available to all eligible retailers, including chain stores and small businesses alike," the company said.
Peterson-Cassin noted that the new suit "follows a massive court victory for the FTC on Tuesday in which a federal judge blocked a $25 billion grocery mega-merger after the agency sued," a reference to the proposed Kroger-Albertsons deal.
"The FTC has plenty of fight left and so should all regulatory agencies," she added, alluding to the return of Trump, whose first administration saw
relentless attacks on federal regulations. "We applaud the FTC and Chair Lina Khan for not letting off the gas in the race to protect American consumers and we strongly encourage all federal regulators to do the same while there's still time left."
Keep ReadingShow Less
As Senate Prepares for NDAA Vote, Progressive Caucus Says It Is 'Past Time' to Slash Pentagon Budget
"This legislation on balance moves our country and our national priorities in the wrong direction," said Rep. Pramila Jayapal.
Dec 12, 2024
As Senate Democrats prepared to move forward with a procedural vote on the annual defense budget package that passed in the House earlier this week, the Congressional Progressive Caucus outlined its objections to the legislation and called for the Pentagon budget to be cut, with military funding freed up to "reinvest in critical human needs."
CPC Chair Pramila Jayapal (D-Wash.) said following the passage of the Servicemember Quality of Life Improvement and National Defense Authorization Act (NDAA) for 2025 (H.R. 5009) that "it should alarm every American taxpayer that we are nearing a trillion-dollar annual budget for an agency rampant with waste, fraud, and abuse."
Jayapal, who was one of 140 lawmakers to oppose the package, emphasized that the Pentagon has failed seven consecutive annual audits.
Despite being the only federal agency to never have passed a federal audit, said Jayapal, the Department of Defense "continues to receive huge boosts to funding every year. Our constituents deserve better."
As Common Dreams reported last month, more than half of the department's annual budget now goes to military contractors that consistently overcharge the government, contributing to the Pentagon's inability to fully account for trillions of taxpayer dollars.
The $883.7 billion legislation that was advanced by the House on Wednesday would pour more money into the Pentagon's coffers. The package includes more than $500 million in Israeli military aid and two $357 million nuclear-powered attack submarine despite the Pentagon requesting only one, and would cut more than $621 million from President Joe Biden's budget request for climate action initiatives.
Jayapal noted that the legislation—which was passed with the support of 81 Democrats and 200 Republicans—also includes anti-transgender provisions, barring the children of military service members from receiving gender-affirming healthcare in "the first federal statute targeting LGBTQ people since the 1990s when Congress adopted 'Don't Ask, Don't Tell' and the Defense of Marriage Act."
"This dangerous bigotry cannot be tolerated, let alone codified into federal law," said Jayapal.
Senate Majority Leader Chuck Schumer (D-N.Y.) said Thursday that the legislation "has some very good things we Democrats wanted in it, it has some bad things we wouldn't have put in there, and some things that were left out," and indicated that he had filed cloture for the first procedural vote on the NDAA.
The vote is expected to take place early next week, and 60 votes are needed to begin debate on the package.
Sen. Bernie Sanders (I-Vt.), a longtime critic of exorbitant U.S. military spending, said in a floor speech on Wednesday that he plans to vote no on the budget.
"While middle-class and working-class families are struggling to survive, we supposedly just don't have the financial resources to help them," he said. "We just cannot afford to build more housing, we just cannot afford to provide quality childcare to our kids or to support public education, or to provide healthcare to all."
"But when the military industrial complex and all of their well-paid lobbyists come marching in to Capitol Hill," he continued, "somehow or another, there is more than enough money for Congress to provide them with virtually everything that they need."
Jayapal noted that the funding package includes substantive pay raises for service members and new investments in housing, healthcare, childcare, and other support for their families.
"Progressives will always fight to increase pay for our service members and ensure that our veterans are well taken care of," said Jayapal. "However, this legislation on balance moves our country and our national priorities in the wrong direction."
By cutting military spending, she said, the federal government could invest in the needs of all Americans, not just members of the military, "without sacrificing our national security or service member wages."
"It's past time we stop padding the pockets of price gouging military contractors who benefit from corporate consolidation," said Jayapal, "and reallocate that money to domestic needs."
Keep ReadingShow Less
Dems Urge Biden to Limit Presidential Authority to Launch Nuclear War Before Trump Takes Charge
"As Donald Trump prepares to return to the Oval Office, it is more important than ever to take the power to start a nuclear war out of the hands of a single individual and ensure that Congress's constitutional role is respected and fulfilled," wrote Sen. Edward Markey and Rep. Ted Lieu.
Dec 12, 2024
Two Democratic lawmakers sent a letter to outgoing U.S. President Joe Biden Thursday, urging him to place more checks on potential nuclear weapons use by mandating that a president must obtain authorization from Congress before initiating a nuclear first strike.
The letter writers, Sen. Edward Markey (D-Mass.) and Rep. Ted Lieu (D-Calif.), argue that "such a policy would provide clear directives for the military to follow: A president could order a nuclear launch only if (1) Congress had approved the decision, providing a constitutional check on executive power or (2) the United States had already been attacked with a nuclear weapon. This would be infinitely safer than our current doctrine."
The two write that time is of the essence: "As Donald Trump prepares to return to the Oval Office, it is more important than ever to take the power to start a nuclear war out of the hands of a single individual and ensure that Congress's constitutional role is respected and fulfilled."
The Constitution vests Congress, not the president, with the power to declare war (though presidents have used military force without getting the OK from Congress on multiple occasions in modern history, according to the National Constitution Center).
During the Cold War, when nuclear weapons policy was produced, speed was seen as essential to deterrence, according to Jon Wolfsthal, the director of global risk at the Federation of American Scientists, who wrote an op-ed for The Washington Post last year that makes a similar argument to Markey and Lieu.
"There is no reason today to rely on speedy decision-making during situations in which the United States might launch first. Even as relations with Moscow are at historic lows, we are worlds removed from the Cold War's dominant knife's-edge logic," he wrote.
While nuclear tensions today may not be quite as high as they were during the apex of the Cold War, fears of nuclear confrontation have been heightened due to poor relations between the United States and Russia over the ongoing war in Ukraine, among other issues. Last month, Russian President Vladimir Putin signed a decree lowering the threshold for potential nuclear weapons use not long after the U.S. greenlit Ukraine's use of U.S.-supplied long range weapons in its fight against Russia.
This is not the first time Markey and Lieu have pushed for greater guardrails on nuclear first-use. The two are the authors of the Restricting First Use of Nuclear Weapons Act, a proposed bill first introduced in 2017 that would bar a U.S. president from launching a nuclear first strike without the consent of Congress.
"We first introduced this act during the Obama administration not as a partisan effort, but to make the larger point that current U.S. policy, which gives the president sole authority to launch nuclear weapons without any input from Congress, is dangerous," they wrote.
In their letter, Markey and Lieu also recount an episode from the first Trump presidency when, shortly after the January 6 insurrection, Chairman of the Joint Chiefs of Staff General Mark Milley ordered his staff to come to him if they received a nuclear strike order from Trump.
But Milley's ability to intervene was limited, according to Lieu and Markey, because his role is advisory and "the president can unilaterally make a launch decision and implement it directly without informing senior leaders." They argue this episode is a sign that the rules themselves must change.
Keep ReadingShow Less
Most Popular