April, 16 2013, 02:42pm EDT
For Immediate Release
Contact:
Kendra Ulrich, (216) 571-7340
Bill Walker, (510) 759-9911
San Onofre: NRC Opens Public Comment on Edison's Dangerous Nuclear Experiment
Friends of the Earth: ‘No significant hazard’ ruling proves regulator ‘in the pocket’ of utility
WASHINGTON
Today's Federal Register notice of a public comment period on Southern California Edison's request for a license amendment to pave the way for a fast-track restart of the crippled San Onofre Nuclear Generating Station shows how deeply the Nuclear Regulatory Commission's reactor regulation division is in Edison's pocket, said Friends of the Earth.
In a preliminary ruling that Edison's proposal to run one of the San Onofre reactors at partial power poses no significant hazard, the NRC has rubber-stamped Edison's flawed and threadbare safety analysis. The Federal Register notice fails to even acknowledge that San Onofre has suffered unprecedented levels of tube damage to its steam generators. If the preliminary ruling stands, the Office of Nuclear Reactor Regulation, a division of the NRC, can grant a license amendment before a formal public hearing of the evidence that the reactors are dangerously damaged.
"The problems that have kept San Onofre shut down for more than 15 months remain unresolved and unrepaired, and the damage will continue if the reactor is allowed to restart," said Kendra Ulrich, nuclear campaigner at Friends of the Earth. "Edison's own experts disagree with one another as to the cause of the damage, but agree that the reactor's steam tubes will be in danger of bursting in a matter of months. And the Nuclear Reactor Regulator says this poses no hazard?"
Edison is seeking an amendment -- literally a footnote to its current operating license -- to operate reactor Unit 2 at 70 percent power for up to 24 months and has admitted that it plans to shut down and restart the reactor four or five times during this time period. However, Edison has failed to complete a root cause analysis of the cause of the severe tube damage at the reactor. Its own consultants report that tube damage will continue with restart and that it could be only months before tubes rupture -- well within the time frame of this license amendment.
"Both Edison and the Nuclear Reactor Regulator have failed to address the multiple safety issues with San Onofre and this experimental plan. Now they've launched a public consultation on Edison's terms," said Ulrich. "Despite this stacked deck, all those concerned with the state of this dangerous nuclear reactor and the threat it poses to millions of people in California will continue to demand that all investigations must be completed, and that an adjudicatory hearing must be held, before any decisions are made that could pave the way for restart," said Ulrich.
The public comment period runs for 30 days. Friends of the Earth is working with its consulting nuclear engineers to challenge the many flaws in Edison's proposal and the Nuclear Reactor Regulator's s review of the evidence.
Friends of the Earth commissioned an in-depth technical analysis from a world-renowned nuclear engineer, John Large of Large & Associates in London. The analysis, filed with the NRC, shows that Edison has yet to provide convincing evidence that it understands the root cause of the severe wear damage or how to fix the problems in its steam generators.
Friends of the Earth fights for a more healthy and just world. Together we speak truth to power and expose those who endanger the health of people and the planet for corporate profit. We organize to build long-term political power and campaign to change the rules of our economic and political systems that create injustice and destroy nature.
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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.
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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."
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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
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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."
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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.
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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.
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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.
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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.
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