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Samuel Lawrence Foundation loses court case to keep spent fuel pools as safety backup at San Onofre nuclear station

Judge tosses out lawsuit that sought to stop San Onofre nuclear plant dismantlement,  Ruling says Coastal Commission properly granted permit, San Diego Tribune,  BY ROB NIKOLEWSKI , . 20, 2021 

Deconstruction work at the now-shuttered San Onofe Nuclear Generating Station — known as SONGS for short — will continue after a judge in Los Angeles County turned back a lawsuit filed by an advocacy group that looked to put a halt to it.

Deconstruction work at the now-shuttered San Onofe Nuclear Generating Station — known as SONGS for short — will continue after a judge in Los Angeles County turned back a lawsuit filed by an advocacy group that looked to put a halt to it.

In a 19-page decision, Los Angeles County Superior Court Judge Mitchell Beckloff ruled last week the California Coastal Commission acted properly when it granted a permit in 2019 to Southern California Edison — the operators of the plant — to proceed with dismantlement efforts.

The Samuel Lawrence Foundation filed the suit, arguing the commission violated its own regulations and provisions by issuing the permit………….

Samuel Lawrence Foundation president Bart Ziegler said in an email that his group “will continue to push for strict monitoring, protocols and handling facilities at Edison’s nuclear waste dump.”

The heart of the lawsuit centered on two spent fuel pools that are scheduled to be torn down.

At commercial nuclear power plants, when the highly radioactive fuel rods used to generate electricity lose their effectiveness, operators place the assemblies in a metal rack that is lowered about 40 feet into a “wet storage” pool, typically for about five years, to cool.

Edison has since taken the assemblies out of the pools, placed them into stainless steel canisters and moved them into two “dry storage” facilities on the north end of the plant. One facility holds 50 canisters and another, more recently constructed site, holds 73 canisters.

Edison says now that the spent fuel has been transferred to dry storage, the pools are unnecessary and should be dismantled.

The Samuel Lawrence Foundation argued Edison should keep the pools in case the canisters ever get damaged or degrade over time………..

Despite issuing the permit and related measures, the commission has complained about being put in a tough position.

Edison says now that the spent fuel has been transferred to dry storage, the pools are unnecessary and should be dismantled.

Schwartz said until the federal government comes up with a long-term storage site, “we are forced to live with the increased risks of storing (waste) on our coast. Commissioners and staff have communicated to the (Nuclear Regulatory Commission) the urgency of moving these spent fuel facilities out of the coastal hazard zone, and we will continue to press the NRC on this issue.”

There are 3.55 million pounds of used-up fuel in the canisters at SONGS, which is located between the Pacific and Interstate 5.

But keeping the waste on-site is not unique to San Onofre. About 80,000 metric tons of spent fuel has stacked up at 121 commercial nuclear sites in 35 states………..

Under a “special condition” agreed to in 2015, the commission is allowed by 2035 to revisit whether the storage site should be moved to another location in case of rising sea levels, earthquake risks, potential canister damage or other scenarios……

SONGS’ dismantlement began in March 2020 and is expected to take about eight years to complete. Roughly 2 billion pounds of equipment, components, concrete and steel will be removed from the plant.

The two distinctive containment domes, each nearly 200 feet high, are scheduled to come down around 2027.

About 450,000 tons of material labeled low-level nuclear waste will be shipped — mostly by rail — to a disposal facility in Clive, Utah. Another 35 tons of low-level waste will get shipped by truck to a facility in the West Texas town of Andrews.

According to Edison’s plans, all that will remain at SONGS will be two dry storage facilities, a security building with personnel to look over the waste, a seawall, a walkway connecting two beaches north and south of the plant, and a switchyard with power lines. The rest of the property will revert to the U.S. Navy and Marine Corps Base Camp Pendleton. https://www.sandiegouniontribune.com/business/energy-green/story/2021-09-20/judge-tosses-out-lawsuit-that-sought-to-stop-san-onofre-nuclear-plant-dismantlement

September 21, 2021 Posted by | decommission reactor, Legal, wastes | Leave a comment

Nuclear reactor worker wins NIS one million cancer compensation.

Nuclear reactor worker wins NIS one million cancer compensation

‘G,’ a 78-year-old pensioner from Beersheba, claimed to have been continually exposed to hazardous materials and radioactive radiation at the Dimona nuclear reactor.By JERUSALEM POST STAFF   SEPTEMBER 19, 2021  A Dimona nuclear reactor technician, who twice contracted cancer since his retirement, will be compensated in the sum of over NIS one

million, N12 reported on Sunday.’G,’ a 78-year-old pensioner from Beersheba, worked as a chemistry technician at the Dimona nuclear reactor for 32 years before retiring in 2003.

The retired technician claimed to have been continually exposed to hazardous materials and radioactive radiation, which caused him to develop five cancerous tumors which were surgically removed, as well as battling bladder and prostate cancer.He also claimed that there was no proper supervision and no means of radiation protection given to him during his time working in the reactor.”I went through a troubling period in my life. I couldn’t believe my job would bring me to this situation,” he reportedly noted in a claim filed to social security…….. https://www.jpost.com/israel-news/nuclear-reactor-worker-wins-nis-one-million-cancer-compensation-679783

September 20, 2021 Posted by | health, Israel, Legal | Leave a comment

Prison sentence for corrupt nuclear executive

Ex-SCANA CEO to become first to get handed a prison sentence over VC Summer failure, https://www.thestate.com/news/politics-government/article254135578.html      BY JOHN MONK SEPTEMBER 11, 2021 COLUMBIA, S.C.

An Oct. 7 date has been set for the sentencing of Kevin Marsh, the former CEO of SCANA who pleaded guilty earlier this year to federal conspiracy fraud charges involving a cover-up of financial troubles connected to the failure of the company’s $10 billion V.C. Summer nuclear project.

Marsh, 65, who pleaded guilty in February, has agreed to a two-year prison sentence for his role, according to federal court records.

Marsh was eligible to receive a maximum five-year sentence for his crimes, but he caught a break after he agreed to cooperate in other ongoing investigations and prosecutions in the SCANA case, according to court records. Marsh had worked his way from a position in SCANA’s accounting department to CEO.

The Oct. 7 hearing will be at the federal courthouse in Columbia before U.S. District Judge Mary Lewis.

Marsh would be the first person to receive a prison sentence in the failure of the company’s nuclear project. Another former SCANA executive, Stephen Byrne, also has pleaded guilty to similar conspiracy charges.

Marsh is one of four senior executives — two from SCANA and two from Westinghouse Electric Corp. — charged in the four-year federal investigation into the July 2017 abandonment of the nuclear project by SCANA and its junior state-owned project partner, Santee Cooper.

From 2008 to July 2017, Westinghouse was the major contractor for SCANA’s nuclear project, overseeing construction at the utility’s VC Summer site in Fairfield County, north of Columbia.

At Marsh’s guilty plea in February, assistant U.S. Attorney Jim May told Lewis that Marsh’s crime was “a violation of public trust” — not an effort to illegally make millions for himself.

What Marsh did was hide the true state of the project as costs were spiraling out of control and finishing dates were being unduly delayed from the public, investors and regulators, May said at the hearing.

The highly publicized project had a worthy goal, May said.

“The project was to do something that it had not been done in the United States since late 1970’s — build a nuclear power plant — with the idea that this success would spark a nuclear renaissance and provide for reduction on dependence of fossil fuels,” May said.

SCANA was under pressure to meet construction deadlines to qualify for more than $1 billion in federal tax credits, but it also was under obligation to make public true information about the status of the project, May said.

“Mr. Marsh did not make these disclosures but repeated positive (false) information about the project’s status. It is for this failure that he is criminally liable,” May said.

MORE FACE CHARGES

Two of the other three have pleaded guilty and one is fighting the federal charges connected to giving false information about the project. They are:

 Carl Churchman, a Westinghouse official who oversaw construction at the nuclear project. He has agreed to plead guilty to lying to an FBI agent about what he knew about the progress of the project when it was still ongoing.

 Jeffrey Benjamin, a former Westinghouse senior vice president of new plants and projects, faces multiple counts of fraud, according to an 18-page indictment made public in August in U.S. District Court in Columbia. Benjamin’s lawyer has said he is innocent of the charges and plans on seeking a trial.

Stephen Byrne, a former top SCANA official, pleaded guilty in July 2020 to criminal conspiracy fraud charges in federal court in Columbia.

Byrne’s guilty plea, the first of three guilty pleas so far, showed that SCANA’s downfall — triggered by the failed nuclear project — was the result of not just mismanagement or incompetence, but criminal conduct at the company’s highest levels.

Like Marsh, Churchman and Byrne have agreed to cooperate with prosecutors and could be witnesses in any future court proceedings, including those concerning Benjamin.

SCANA, a Fortune 500 publicly traded company whose business lineage traced back to 1846, was one of the crown jewels of South Carolina’s economy.

But the failure of its effort to build two nuclear reactors at its plant in Jenkinsville led to multiple lawsuits and mounting financial troubles. Eventually the company was absorbed by Dominion Energy. SCANA’s downfall is perhaps the most costly business failure in state history.

Once SCANA and Santee Cooper announced they were abandoning the venture in July 2017, SCANA’s stock price began to plummet and its financial and political troubles began to mount. SCANA was hit by multiple lawsuits, most of which have now been settled with multi-million dollar payoffs to investors and ratepayers.

The motives of Westinghouse and SCANA officials in covering up the project’s true status were different, according to evidence in the case.

Westinghouse officials lied about of the status in order to have SCANA keep on paying the company for ongoing construction; the lies of SCANA officials were aimed at deceiving the public and regulators in hopes of figuring out a way to still get the federal tax credits, even if SCANA missed the deadline to qualify for the credits, according to evidence in the case.

SCANA’s failure affected the pocketbooks of hundreds of thousands of people and businesses.

For years, the company had jacked up customers’ monthly power bills to help pay billions in ongoing construction costs for the two nuclear reactors that were supposed to be built, but now will never generate power.

When the plant was abandoned, several thousand construction employees also lost their jobs.

September 13, 2021 Posted by | Legal, secrets,lies and civil liberties, USA | Leave a comment

Downwinders Look to Renew and Expand Radiation Exposure Compensation Act

Downwinders Look to Renew and Expand Radiation Exposure Compensation Act, Sierra Nevada Ally, By Brian Bahouth -September 4, 2021

Audio: a conversation with downwinder Mary Dickson   Between 1951 and 1992, U.S. scientists and engineers conducted 928 nuclear blasts at the Nevada Test Site (NTS), a roughly 1,400 square-mile federal reservation located 65 miles north of Las Vegas.  Eight hundred and twenty eight were underground tests and 100 atmospheric tests in which the atomic weapons were exploded at or above ground level, which releases highly radioactive material high into the atmosphere.

In total, at various locations around the globe, the Atomic Energy Commission and later the Department of Energy, conducted 1,054 atomic weapons tests.

Fallout from these many bombs circled the planet. If a person is in close proximity to a nuclear blast, the symptoms of acute radiation sickness are obvious, but outside the blast area, human senses do not apprehend radioactivity that can lodge in the fat of milk or meat and can linger for decades in the environment. 

The health effects of nuclear testing on those directly downwind of the events in eastern Nevada, Utah and Arizona became evident with cancer clusters and and other related illnesses. Many ranchers lost livestock.

After years of lawsuits and wrangling, the Radiation Exposure Compensation Act (RECA) became law in 1990 and provides one-time benefit payments to “persons who may have developed cancer or other specified diseases after being exposed to radiation from atomic weapons testing or uranium mining, milling, or transporting.” 

The U.S. Department of Justice administers RECA and has distributed over $2.4 billion in benefits to more than 37,000 claimants since its inception in 1990, but the RECA program is scheduled to sunset in 2022.

Geographically, RECA covers people living in a total of 22 counties with some in eastern Nevada, Utah, and Arizona. But research shows that parts of Idaho and Montana saw radioactivity impacts on par with Nevada, Utah and Arizona. Many places in North America realized toxic levels of radiation. Fallout from the tests travelled around the globe.

U.S. Senator from Idaho, Mike Crapo has been a long-time advocate for downwinders. In a recent newsletter to constituents, he said he’s working on bi-partisan legislation that would renew and expand the dimensions of RECA to include many more states. 

Work is in progress with stakeholders to determine the best path forward to reintroduce the Radiation Exposure Compensation Act Amendments, which expands coverage of the Radiation Exposure Compensation Act (RECA) to include victims in Idaho among states impacted by exposure to fallout from nuclear weapons testing.”………….

“The more I started  researching and the more I started following that story, the more I thought, ‘my government did this to me,’” Mary Dickson said. “I’m a casualty of the Cold War.

“My sister, at the time, was ill with an autoimmune disease, and she and I started making a list of all the people in our childhood neighborhood who had cancer or tumors. It didn’t take long before, in a four or five block area, we had about 54 people on that list …

“And we just thought, ‘OK, yeah, something happened to us. Something happened to us, something happened …”……… https://www.sierranevadaally.org/2021/09/04/downwinders-look-to-renew-and-expand-radiation-exposure-compensation-act/

September 6, 2021 Posted by | health, Legal, politics, USA, weapons and war | Leave a comment

Westinghouse Electric Co has paid $21bn and will co-operate with federal investigators over South Carolina nuclear fraud.

Failed nuclear contractor signs $21M deal, working with feds,  https://abcnews.go.com/US/wireStory/failed-nuclear-contractor-signs-21m-deal-working-feds-79721520

The chief contractor at a failed multibillion-dollar project to build two nuclear reactors in South Carolina has agreed to pay more than $20 million as part of a cooperation agreement with federal authorities probing the fiasco, By MEG KINNARD Associated Press31 August 2021  COLUMBIA, S.C.

The chief contractor at a failed multibillion-dollar project to build two nuclear reactors in South Carolina has agreed to pay more than $20 million as part of a cooperation agreement with federal authorities probing the fiasco.

Under an agreement announced Monday by Acting U.S. Attorney Rhett DeHart, Westinghouse Electric Co. will contribute $5 million to a program intended to assist low-income ratepayers affected by the project’s failure. Another payment of $16.25 million will be due before July 1, 2022.

The company will also be required to cooperate with federal investigators still probing the company’s role in the 2017 debacle, which cost ratepayers and investors billions and left nearly 6,000 people jobless.

Westinghouse was the lead contractor on the construction of two new reactors at the V.C. Summer Nuclear Station in Jenkinsville, about 30 miles (48 kilometers) north of Columbia. South Carolina Electric & Gas Co. parent company SCANA Corp. and state-owned utility company Santee Cooper spent nearly $10 billion on the project before halting construction in 2017 following Westinghouse’s bankruptcy.

The collapse of the V.C. Summer project spawned multiple lawsuits, some by ratepayers who said company executives knew the project was doomed and misled consumers and regulators as they petitioned for a series of rate hikes. Three top-level executives have already pleaded guilty in the multi-year federal fraud investigation. A fourth has been charged and is expected in federal court Tuesday.

Earlier this year, a federal judge signed off on a plan to disperse $192 million among former SCANA shareholders, a settlement that attorneys for the investors said was the largest securities class action recovery obtained in South Carolina when a judge approved it last year.

On Monday, DeHart said Westinghouse has given federal investigators more than three million pages of documents, data and correspondences and made employee witnesses available for interviews. Through its former parent company Toshiba, Westinghouse has also made more than $2 billion in settlement payments related to the project.

Since the failure, Westinghouse has removed, reassigned or retrained its senior management, elected a new board and implemented new financial controls, according to DeHart.

“Our office continues to seek justice for the victims of the V.C. Summer Project failure,” DeHart said in a news release. “Westinghouse’s cooperation is vital to our ongoing efforts to hold accountable the individuals most responsible for this debacle.” 

August 31, 2021 Posted by | Legal, secrets,lies and civil liberties, USA | Leave a comment

Cover-up? Unreported event of Hanford nuclear workers’sickness

Unreported event at Hanford nuclear site that sickened workers ‘smells like a cover-up,’ advocates say,  Workers reported smelling odors, resulting in symptoms such as dizziness and shortness of breath. The contractor denied a chronic problem, toxic vapors, is to blame.  https://www.king5.com/article/news/investigations/hanford-nuclear-site-washington-state-tank-farms-workers-sickened-investigation/281-48a540ea-1fa5-4de9-8ab7-b1dc9db6e5c8  Susannah Frame August 27, 2021

RICHLAND, Wash. — On June 18 of this year, 10 workers at the Hanford nuclear site in eastern Washington digging in what are known as the “tank farms,” were overcome by strange odors. Nine of the workers sought medical treatment, including three who were transported to the hospital for an overnight stay and were given oxygen.

The KING 5 Investigators have found the event went unreported by the contractor involved – Washington River Protection Solutions (WRPS).

According to WRPS documents obtained by KING 5, symptoms reported by workers included dizziness, shortness of breath, chest pain, headache, nausea, a metallic taste in the mouth, stomach issues, light headedness and cough.

Smelling unusual odors, followed by adverse medical conditions are hallmark signs of a chronic problem at the nuclear reservation: exposure to toxic vapors that vent from underground nuclear waste holding tanks.  

WRPS is under a legal obligation to report vapor events on a publicly available website.

“I’m still amazed that not one piece of paper has been put out about this exposure, there’s been no announcement,” said Tom Carpenter, executive director of the advocacy group Hanford Challenge. “It’s getting to the point where this silence is very suspicious. It’s like: ‘What are you hiding?’”

The contractor said they did not post the event on their website because they’ve determined the worker’s symptoms were not caused by vapors, but “most likely” by a malfunctioning gas-powered wheelbarrow.

“WRPS collected air samples from the small pieces of fuel-powered equipment used in the soil work. One piece of equipment, a small gasoline-powered wheelbarrow that was difficult to start and used during the June 18 event, was smoking when it started and high levels of volatile organic compound emissions were noted,” a WRPS spokesperson said.

Toxic vapor exposures have been a significant problem at Hanford since the 1980s when the operational mission went from producing plutonium, to clean up only.

Several government reports have identified that poisonous vapors, without warning, will vent from underground tanks. Hanford has 177 underground holding tanks that store the deadliest waste at the site.

Tanks in the tank farm near where the workers got ill in June contain contents including plutonium, the radioactive isotopes of americium and strontium 90, mercury, nickel, lead and cyanide.

In 2014 the KING 5 Investigators revealed a record number of vapor exposures in the tank farms. Approximately 56 workers fell ill with symptoms in the rash of exposures. After each incident, WRPS said their testing didn’t show chemicals of concern over regulatory limits. WRPS officials denied chemical vapors were to blame for the events.

That pattern wasn’t new. Expert reports detailed the same cycle happened at Hanford in the 80s and in the 90s: a slew of exposures, followed by denials by the tank farm contractor, and workers left sick and unable to work.

Many workers said they felt betrayed by the contractors over the years for not being honest about the dangers of vapors.

“Until they are in the field and until they smell what we smell and until they feel like we feel and until they get injured like we get injured, they don’t care,” said Mike Cain, a 47-year current Hanford employee who spent 25 of those years in the tank farms. “Everything that we described 30 years ago, 40 years ago, is still there. Yet they keep doing the same thing over and over and over again.”

After the string of exposures in 2014, Washington State Attorney General Bob Ferguson, Hanford Challenge and Local 598 all filed lawsuits against WRPS and Hanford’s owner, the U.S. Department of Energy. The complaint accused the contractor and federal government of failing to protect workers from vapor exposures, that can cause adverse health effects including lung disease, nervous system damage and cancers of the liver, lung, blood and other organs. The lawsuit also alleged the Department of Energy had been well aware of the dangers for 25 years, yet “Energy did not fix the problem.”

A settlement agreement was reached in September 2018. Hanford officials agreed to improve health and safety conditions, install engineering to keep vapors out of the breathing space of workers. They also agreed to provide respiratory protections including supplied (fresh) air that is worn in tanks on the backs of workers, if needed.

In the June event, workers were not using supplied air. According to workers, the contractor had downgraded respiratory protection to respirators with cartridges. Respirators are lighter and more cost effective than supplied air.

“(That) never should have happened if they were wearing fresh air. Never should have happened,” Cain said.

“They’re not protecting workers. They have a long history of not doing so, of putting money and profits before workers health and safety which is ironic because they’re all about saying they want to protect health and safety. They’re not doing it,” Carpenter said.

A WRPS spokesperson said the company did not skimp on safety protocols in the June event.

“Respiratory controls at the TX Farm during the June 18, 2021 event complied with the tank farms vapors settlement agreement requirements… workers were wearing air-purifying respirators consistent with interim mandatory respiratory protections consistent with cartridge testing results,” the spokesperson said.

What is Hanford?

Hanford is the most contaminated worksite in America. Located near Richland in eastern, Wash., workers at the site produced plutonium for the country’s nuclear weapons program for approximately four decades. Plutonium produced at Hanford fueled the bomb dropped on Nagasaki, Japan, that led to the end of WWII. Since the late 80s, Hanford has been a clean up site only.

The settlement agreement also makes it mandatory for WRPS to report events on its website that fall into the category of an “AOP-15.” On the WRPS website, an AOP 15 is described as an unidentified odor event: “When a worker reports an unexpected and unidentified odor in the tank farms, and reports medical symptoms potentially related to that smell.”

In the June event, WRPS did not characterize it as an AOP-15, therefore, company executives said they had no obligation to report it.

“Smells like a cover-up”

“This lack of information sharing and reporting smells like a cover-up. We do not want to see a return to downgraded worker protections that result in routine vapor exposures. The cycle of exposures must end at Hanford, and meaningful and long-lasting regulations should be enacted to assure that Hanford tank farm workers can conduct a cleanup without risking their own health and safety,” said Carpenter of Hanford Challenge in a press statement sent on Friday.

On Thursday, a WRPS executive told KING 5 that the company’s definition of an AOP-15 had changed in 2020. In an email to employees on Dec. 1, 2020, WRPS Executive Jeremy Hartley said that moving forward, an AOP-15 will occur when personal ammonia monitors worn by workers set off an alarm.

“Ammonia has been verified as a sentinel indicator of changing levels of other chemicals of potential concern. The procedure changes clarify and reinforce a disciplined conduct of operations by recognizing the administrative and engineering controls in place, relying on the ammonia monitors and verifying the conditions when an alarm set point is reached,” Hartley wrote.

Given this change, the WRPS spokesperson said they followed protocol by not reporting the event on the website.

As this event did not involve an ammonia alarm, it is not classified as an AOP-15,” the spokesperson said.

Government scientists have concluded that ammonia does not have to be present for other chemicals of concern to release in concentrations that could harm human health. In 2004 the Department of Energy released a Hanford report concluding the potentially harmful gas, nitrous oxide, can be present without the presence of ammonia.

“Based on…characterization data (the contractor) CH2M HILL has incorrectly assumed that nitrous oxides are present only when ammonia is present,” report authors wrote. “…nitrous oxide vapors in tank headspaces can be present in (dangerous) concentrations, even in the absence of ammonia.”

Stakeholders such as Hanford Challenge and union safety representatives said they were unaware that WRPS had changed its AOP-15 definition.

A WRPS communications specialist said they are committed to the safety of workers.

“The health and safety of the workforce is always paramount,” the company official said.8

August 30, 2021 Posted by | employment, health, legal, USA, wastes | Leave a comment

Top Westinghouse Nuclear Executive Charged with Conspiracy, Fraud

Top Westinghouse Nuclear Executive Charged with Conspiracy, Fraud in 16-Count Federal Indictment, Department of Justice, U.S. Attorney’s OfficeDistrict of South Carolina.

Wednesday, August 18, 2021.   Columbia, South Carolina — Acting United States Attorney for the District of South Carolina M. Rhett DeHart announced today that a Federal Grand Jury has charged former Westinghouse Electric Company Senior Vice President Jeffrey A. Benjamin for his role in failing to truthfully report information regarding construction of new nuclear units at the V.C. Summer nuclear plant.

Benjamin, who served as Senior Vice President for New Plants and Major Projects and directly supervised all new nuclear projects worldwide for Westinghouse during the V.C. Summer project, is charged in a federal indictment with sixteen felony counts including conspiracy, wire fraud, securities fraud, and causing a publicly-traded company to keep a false record.  

The charges Benjamin faces carry a maximum of twenty years imprisonment and a $5,000,000 fine. 

The indictment alleges that Benjamin was personally involved in communications between Westinghouse and its owners, SCANA and Santee Cooper, regarding the status of the V.C. Summer project.  

The indictment further alleges that, throughout 2016 and into 2017, when Westinghouse had direct control over the construction and schedule of the project, Benjamin received information that the V.C. Summer units were materially behind schedule and over budget.  Nevertheless, at various times from September 2016 through March 2017, the indictment alleges that Benjamin assured the owners that the units would be completed on schedule and took active steps to conceal from the owners damaging information about the project schedule.  During this time period, the owners paid Westinghouse over $600,000,000 to construct the two V.C. Summer units, both of which were ultimately abandoned.

“Our commitment to investigate and prosecute the V.C. Summer nuclear debacle has never wavered,” said Acting U.S. Attorney DeHart.  “While the indictment – and the allegations contained within – speak for itself, it is further proof of our commitment to seek justice for South Carolina ratepayers and all others affected by the V.C. Summer project failure.”

“This indictment with its attendant allegations and charges is another step toward justice for all those responsible for the V.C. Summer nuclear plant fiasco,” said FBI Special Agent in Charge Susan Ferensic.  “The FBI has devoted substantial resources to investigating this matter and will continue to work with the United States Attorney’s Office, the South Carolina State Law Enforcement Division, and the South Carolina Attorney General’s Office to find facts and prove criminal conduct.”

Benjamin is the fourth individual to be charged in the ongoing federal investigation, stemming from the exhaustive and multi-year joint investigation by the U.S. Attorney’s Office, the Federal Bureau of Investigations (FBI), the U.S. Securities and Exchange Commission (SEC), the South Carolina Attorney General’s Office, and the South Carolina Law Enforcement Division. Former SCANA Chief Executive Officer Kevin Marsh, former SCANA Executive Vice President Stephen Byrne, and former Westinghouse Vice President Carl Churchman have all pleaded guilty to federal felony charges for their roles in the matter.

August 23, 2021 Posted by | Legal, secrets,lies and civil liberties, USA | Leave a comment

NRC respond’s to New Mexico’s legal bid to stop Holtec’s planned nuclear waste dump

NRC: Court lacks authority in New Mexico lawsuit against nuclear waste site, Adrian Hedden, Carlsbad Current-Argus 20 Aug 21.   A proposal to build a temporary nuclear waste storage site near Carlsbad and Hobbs drew a lawsuit against the Nuclear Regulatory Commission (NRC), the agency tasked with permitting the facility, from the State of New Mexico which sought to block the project.

In a Monday filing, the NRC asked the U.S. District Court for the District of New Mexico to dismiss the State’s lawsuit due to lack of jurisdiction.

The State alleged in the suit that the NRC acted illegally in issuing an environmental impact statement (EIS) for the Holtec project that found the site would have minimal environmental impact and recommended a permit be granted.

Citing the Nuclear Waste Policy Act (NWPA), New Mexico Attorney General Hector Balderas argued federal law stipulated a permanent repository be available before an interim storage site, like Holtec’s, could be permitted.

But the NRC argued that in the State’s suit, Balderas ignored the NRC’s authority to issue licenses for nuclear facilities as designated in the Atomic Energy Act (AEA), that allows challenges to licenses applications be raised in the U.S Court of Appeals which New Mexico failed to do.

The NRC argued U.S. District Court was the wrong venue for New Mexico to appeal the decision under the AEA and that the case should be before the U.S. Court of Appeals………..

State leaders cited the alleged risk the project, proposed by Holtec International, would pose to the environment and public safety should it be allowed to operate, along with concerns that it could become permanent as no such repository existed and potential incidents when transporting the waste into New Mexico.

Holtec first applied for a license from the NRC in 2017 to build the facility that would ultimately store up to 100,000 spent nuclear fuel rods on the surface at a location near the Eddy-Lea county line while a permanent repository was developed.

Such a repository does not yet exist, so the Holtec site would see the high-level nuclear waste brought into the remote area in southeast New Mexico via rail from nuclear power plants and facilities across the country to be held temporarily at the site known as consolidated interim storage facility (CISF).

A similar project was also amidst an NRC licensing process in Andrews, Texas, near the New Mexico-Texas state line for another company Interim Storage partners which so far received favorable reviews from the agency with a final decision expected later this year.

Upon announcing the lawsuit against the NRC to block Holtec’s project Balderas sought an injunction to block the licensing process.

He said the project would bring an unnecessary risk to the local communities near the site and along its transportation routes, along with economic drivers like oil and gas extraction and agriculture in the region.

“I am taking legal action because I want to mitigate dangers to our environment and to other energy sectors,” Balderas said. “It is fundamentally unfair for our residents to bear the risks of open ended uncertainty        https://www.currentargus.com/story/news/local/2021/08/20/nrc-court-lacks-authority-new-mexico-lawsuit-against-nuclear-waste-site/8185804002/

August 23, 2021 Posted by | Legal, USA, wastes | Leave a comment

Another former Westinghouse top executive faces criminal charges over failed South Carolina multi $billion nuclear power project

4th person charged in South Carolina nuclear project failure,  https://apnews.com/article/business-south-carolina-5389136fd3675a311d1a83d68542d0f9 COLUMBIA, S.C. (AP) — A fourth business executive faces criminal charges stemming from a federal investigation into a failed multibillion-dollar project to build two nuclear reactors in South Carolina, authorities announced Wednesday.

Jeffrey A. Benjamin was a former senior vice president for Westinghouse Electric Co., the lead contractor to build two new reactors at the V.C. Summer plant. South Carolina Electric & Gas Co. parent company SCANA Corp. and state-owned utility company Santee Cooper spent nearly $10 billion on the project before halting construction in 2017 following Westinghouse’s bankruptcy.

He now faces multiple felony counts of fraud, according to an indictment.

Benjamin, who supervised all nuclear projects for Westinghouse, received information throughout 2016 and 2017 that the two V.C. Summer reactors were behind schedule and over budget, prosecutors said.

But he repeatedly told SCANA and Santee Cooper that the project was on schedule, hiding the construction’s true timeline from the utility companies, the indictment alleges.

He was fired from Westinghouse in March 2017, shortly before the company filed for bankruptcy.

The collapse of the V.C. Summer project spawned multiple lawsuits, some by ratepayers who said company executives knew the project was doomed and misled consumers and regulators as they petitioned for a series of rate hikes. The failure cost ratepayers and investors billions and left nearly 6,000 people jobless.

Benjamin could face up to twenty years in prison and a $5,000,000 fine if convicted.

Three top-level executives have already pleaded guilty in the multi-year federal fraud investigation, and all are awaiting sentencing as they cooperate with investigators.

Former SCANA Corp. Executive Vice President Stephen Byrne agreed last summer to tell investigators everything he knows about the lies and deception SCANA and its subsidiary South Carolina Electric & Gas used to keep regulators approving rate increases and maintain support from investors.

Kevin Marsh, SCANA’s former CEO, signed a plea deal on felony fraud charges in November.

And Carl Churchman, another Westinghouse official, pleaded guilty in June to lying to federal authorities.

August 19, 2021 Posted by | Legal, secrets,lies and civil liberties, USA | Leave a comment

Boys fight over nuclear space toys. Jeff Bezos sues NASA over its contract with Elon Musk

Moon race moguls: Bezos sues US government over SpaceX lunar lander contract, The Age, By Christian Davenport, August 17, 2021 Washington: Jeff Bezos’ Blue Origin space company is suing NASA to force it to fund a second spacecraft to ferry astronauts to and from the moon.

The suit, filed in the Court of Federal Claims on Tuesday AEST, seeks to allow the space company to win a slice of the lucrative $US2.9 billion ($3.96 billion) Human Landing System contract awarded solely to Elon Musk’s SpaceX.

It comes about two weeks after the US Government Accountability Office rebuffed Blue Origin’s protest of that decision.

In a statement, the company said it was “an attempt to remedy the flaws in the acquisition process found in NASA’s Human Landing System. We firmly believe that the issues identified in this procurement and its outcomes must be addressed to restore fairness, create competition, and ensure a safe return to the Moon for America.”

The contract is one of the most significant NASA programs in some time and has been a target for Blue Origin for years. In 2017, before there was even a formal request for proposals, the company pitched NASA on a lunar lander for cargo.

Blue Origin subsequently teamed up with Lockheed Martin, Northrop Grumman and Draper, traditional players in the American defence business, to bid for the program. And last year NASA awarded the Blue Origin-led team the biggest award in the initial phase of contracts.

But in April, NASA selected a single winner, SpaceX, to develop the spacecraft for what would be the first human landing on the moon since the last Apollo mission, in 1972. Given the funding for the initial round, the award was considered a major upset…..

Since then, Blue Origin has tried every lever at its disposal – lobbying Congress, filing the suits and waging a public relations war – to overturn the SpaceX award.

Blue Origin has claimed that SpaceX’s Starship spacecraft that would become the lunar lander is an “immensely complex and high risk” path for NASA to take since it would involve as many as 16 flights to fully fuel the spacecraft for a lunar landing.

Many in the space community have bristled at that bare-knuckles approach, especially since it was aimed at SpaceX……………. https://www.theage.com.au/world/middle-east/moon-race-moguls-bezos-sues-us-government-over-spacex-lunar-lander-contract-20210817-p58jfb.html

August 19, 2021 Posted by | Legal, space travel, USA | 1 Comment

A Day in the Death of British Justice – the case of Julian Assange

 WikiLeaks has given us real news about those who govern us and take us to war, not the preordained, repetitive spin that fills newspapers and television screens. This is real journalism; and for the crime of real journalism, Assange has spent most of the past decade in one form of incarceration or another, including Belmarsh prison, a horrific place.

Diagnosed with Asperger’s syndrome, he is a gentle, intellectual visionary driven by his belief that a democracy is not a democracy unless it is transparent, and accountable.

JOHN PILGER: A Day in the Death of British Justice, Consortium News, August 12, 2021 The reputation of British justice now rests on the shoulders of the High Court in the life or death case of Julian Assange.

I sat in Court 4 in the Royal Courts of Justice in London Wednesday with Stella Moris, Julian Assange’s partner. I have known Stella for as long as I have known Julian. She, too, is a voice of freedom, coming from a family that fought the fascism of Apartheid. Today, her name was uttered in court by a barrister and a judge, forgettable people were it not for the power of their endowed privilege.

The barrister, Clair Dobbin, is in the pay of the regime in Washington, first Trump’s then Biden’s. She is America’s hired gun, or “silk”, as she would prefer. Her target is Julian Assange, who has committed no crime and has performed an historic public service by exposing the criminal actions and secrets on which governments, especially those claiming to be democracies, base their authority. 

For those who may have forgotten, WikiLeaks, of which Assange is founder and publisher, exposed the secrets and lies that led to the invasion of Iraq, Syria and Yemen, the murderous role of the Pentagon in dozens of countries, the blueprint for the 20-year catastrophe in Afghanistan, the attempts by Washington to overthrow elected governments, such as Venezuela’s, the collusion between nominal political opponents (Bush and Obama) to stifle a torture investigation and the CIA’s Vault 7 campaign that turned your mobile phone, even your TV set, into a spy in your midst.

WikiLeaks released almost a million documents from Russia which allowed Russian citizens to stand up for their rights. It revealed the Australian government had colluded with the U.S. against its own citizen, Assange. It named those Australian politicians who have “informed” for the U.S. It made the connection between the Clinton Foundation and the rise of jihadism in American-armed states in the Gulf.

Continue reading →

August 14, 2021 Posted by | legal, secrets,lies and civil liberties, UK | Leave a comment

UK High Court sides with US against Assange


UK High Court sides with US against Assange, WSW,Thomas Scripps11 August 2021 ,  The UK’s High Court has allowed the United States to appeal on two additional grounds the refusal of Julian Assange’s extradition by a lower court.Assange, the founder of WikiLeaks still held in Belmarsh maximum security prison, is threatened with extradition on charges under the Espionage Act with a potential life sentence for revealing state war crimes, torture, surveillance, corruption and coup plots.

On January 4, District Judge Vanessa Baraitser blocked extradition, ruling that it would be oppressive by virtue of his mental health and put him at substantial risk of suicide.Lawyers for the US government sought to appeal the decision on the five grounds:
  1. That Baraitser made errors of law in her application of the test under section 91 of the 2003 Extradition Act, which bars extradition if the person’s mental or physical condition would render it unjust or oppressive.
  2. That she ought to have notified the US ahead of time, to give the government the opportunity to provide assurances to the court that Assange’s health would be looked after.
  3. That the judge should not have accepted or at least given less weight to the evidence of the defence’s principal psychiatric expert, Professor Kopelman.
  4. That Baraitser erred in her overall assessment of the evidence on suicide risk.
  5. That the US has since provided the UK with a package of assurances about the conditions in which Assange would be held.

The US was initially granted leave to appeal on grounds one, two and five, but denied three and four. At a preliminary hearing yesterday in front of Lord Justice Holroyde and Mrs Justice Farbey, that decision was overturned and grounds three and four were granted as well.

Their decision confirms that the January 4 ruling against extradition was only a tactical pause in an ongoing pseudo-legal manhunt, which is again proceeding apace.

Baraitser’s original decision accepted every one of the prosecution’s anti-democratic, factually unsustainable arguments except on the single point of Assange’s mental health, leaving his fate hanging by a thread. Now the US is being given the opportunity to bulldoze this last remaining obstacle.As Assange’s legal team argue in their Notice of Objection, none of the points made in the appeal by the US stand up to scrutiny……………… 
https://www.wsws.org/en/articles/2021/08/11/assa-a11.html?fbclid=IwAR1KNVz7_kATvh53WeOYZ5iKOlCrE3-4Q9jGh9dv79DUkXxeezC91VXjmbU

August 14, 2021 Posted by | legal, secrets,lies and civil liberties, UK | 1 Comment

A hard rain did fall — Hiroshima victims beyond “official” zone will now be compensated

Hiroshima victims beyond “official” zone will now be compensated

A hard rain did fall — Beyond Nuclear International A hard rain did fall,   Black rain” victims finally win in court  https://beyondnuclearinternational.org/2021/08/01/a-hard-rain-did-fall/ By Linda Pentz Gunter
Just weeks before the 2021 commemoration of the August 6, 1945 US atomic bombing of the city of Hiroshima, a Japanese court ruled that victims of the radioactive “black rain” who were living beyond the officially recognized contamination zone at the time, should be included in the group considered bomb “survivors” or “Hibakusha” and receive the same benefits.
A Hiroshima high court acknowledged in its July 14, 2021 ruling that many more people suffered as a result of exposure to “black rain” than have hitherto been recognized as victims.

“Black rain” was described in a CNN story as a “mixture of fallout particles from the explosion, carbon residue from citywide fires, and other dangerous elements. The black rain fell on peoples’ skin and clothing, was breathed in, contaminated food and water, and caused widespread radiation poisoning.”

When the verdict was first released last month, it appeared that the Japanese government, under Prime Minister Yoshihide Suga, might appeal the decision. Instead, Suga declared his government, the defendants in the case, would not appeal it and even suggested that relief might be extended to other affected people beyond the plaintiffs. According to the Asahi Shimbun, this may even include those exposed to radiation as a result of the 2011 Fukushima nuclear disaster on the Japan coast.

The court ruling was important because it recognized and acknowledged not only the heaths effects of the radioactive “black rain” atomic bomb fallout, but also the internal exposure to radiation through the ingestion of contaminated water and food experienced by the 84 plaintiffs in the case.

The ruling of course comes very late in the day as many Hibakusha are already deceased. Indeed, one of the plaintiffs, 79-year-old Seiji Takato, told CNN he was worried that if there was no verdict soon, “we would all die if this (case were) prolonged”.

The plaintiffs will now receive the same benefits as residents of the state-designated black rain zone. According to the Kyodo News, these will include “free health checkups and atomic bomb survivors’ certificates entitling them to medical benefits in the event that they develop 11 specific illnesses caused by radiation.”

The United States, the country which dropped the two atomic bombs — on Hiroshima on August 6, 1945 and then on Nagasaki three days later — has taken neither responsibility for the devastating health consequences, nor offered an apology or compensation. 

Indeed, President Truman, in office when the bombings were authorized, told the Japanese, chillingly, that their sacrifice and suffering were “urgent and necessary.” President Clinton declared that the US “owes no apology to Japan”. He, like other US presidents before and since, clung to the disputable notion that the atomic bombings saved at least one million American lives, an argument ably dispatched by Ward Wilson on these pages in 2018.

To date, Barack Obama is the only sitting US president to have visited Hiroshima, when he traveled there in 2016, but he too failed to apologize for the atrocity. There have been plenty of lively debates on this question: Would an apology open up old wounds, focus too much on the past and be an admission of wrongdoing? Would it also open the door to a floodgate of demands for monetary compensation? Or is an official apology an essential atonement, albeit merely symbolic at this late stage? Could an apology lead in turn to meaningful international engagement on global peace?

Slowly, the Hibakusha have been gaining recognition. One of its most famous and outspoken members, Setsuko Thurlow, accepted the Nobel Peace Prize awarded the International Campaign to Abolish Nuclear Weapons (ICAN) alongside its executive director, Beatrice Fihn, in 2017. 

The award came on the heels of the instrumental role the Hibakusha played in persuading the UN to create the Treaty on the Prohibition of Nuclear Weapons, now ratified by 55 countries and counting, five more than the number that ensured it became law this past January. None of the nuclear weapons states, nor Japan, has signed or ratified the treaty.

At the end of the day, the lesson here is the mantra adopted by the nuclear researchers, whistleblowers and watchdogs at Fairewinds Energy Education: “Radiation knows no borders.”

As Fairewinds wrote in the context of the “black rain” verdict: “Radioactive microscopic particles generated from mining uranium ore, reprocessing atomic fuel, bomb tests, and disastrous meltdowns travel well beyond the arbitrary boundaries and demarcation lines that governments establish to limit their liability and to maintain control over others.”

These warnings serve as a compelling reason to neither test nor use atomic weapons and also as a powerful admonition against the continued use of “civil” nuclear power.

August 2, 2021 Posted by | health, Japan, Legal, Reference | Leave a comment

First Energy company to pay fine for bribing Ohio officials to bail out nuclear power stations

FirstEnergy agrees to pay $230M fine for bribing Ohio officials to bail out two nuclear plants, Utility Dive, Iulia Gheorghiu   July 23, 2021  

Dive Brief:

  • FirstEnergy Corporation announced on Thursday a settlement agreement to pay a $230 million penalty for bribing Ohio officials to  ensure the passage of a ratepayer-funded bailout for older generation assets, including two nuclear plants.
  • The utility cooperated with federal investigators to disclose paying millions through dark money groups to state officials, including former Ohio House Speaker Larry Householder and former Public Utilities Commision of Ohio (PUCO) Chairman Sam Randazzo. The company acknowledged using 501(c)(4) organizations, which are registered lobbying entities, to conceal the nature, source and control of payments in the pursuit of the nuclear legislation……………

The details in the 49-page settlement agreement, in which FirstEnergy had to admit that company executives paid money to public officials in return for official action, has led to stakeholders raising questions about utility dark-money and political spending………….

The OEC Action Fund is also asking for a full repeal of HB 6 and has called for an investigation into every PUCO and Ohio Power Siting Board ruling made under Randazzo’s tenure.

“Each case he presided over is possibly tainted by corrupt ties to FirstEnergy,” Taylor-Miesle said…………………….  https://www.utilitydive.com/news/firstenergy-agrees-to-pay-230m-fine-for-bribing-ohio-officials-to-bail-out/603836/

July 24, 2021 Posted by | Legal, secrets,lies and civil liberties, USA | Leave a comment

Judge rules distribution of compensation for investors who lost fortunes in multi billion-dollar nuclear reactor failure in South Carolina

Judge OKs distribution for $192M nuclear project settlement, https://www.miamiherald.com/news/business/article252884293.html

BY MEG KINNARD ASSOCIATED PRESS, JULY 19, 2021  OLUMBIA, S.C.

Investors who lost fortunes in the failure of a multi billion-dollar nuclear reactor construction deal in South Carolina will soon begin to see their portions of a $192 million settlement, under a recently approved distribution.

Last week, a federal judge signed off on a plan to disperse the funds among former shareholders in SCANA Corp., the former parent company of South Carolina Electric & Gas. The settlement itself was the largest securities class action recovery obtained in South Carolina when a judge approved it last year, according to attorneys for the investors.

The utility company became embroiled in controversy after announcing in summer 2017 that it was shuttering a nuclear reactor construction project at the V.C. Summer Nuclear Station in Jenkinsville, about 30 miles (48 kilometers) north of Columbia, following the bankruptcy of lead contractor Westinghouse.

Up to that point, SCANA and state-owned utility Santee Cooper, a minority partner in the project, had spent nearly $10 billion on it. The failure cost ratepayers and investors billions and left nearly 6,000 people jobless.

The abandonment spawned multiple lawsuits, some by ratepayers claiming company executives knew the project was doomed and misled consumers as well as regulators as they petitioned for a series of rate increases. State and federal authorities launched investigations, which have led to guilty pleas from two top-level SCANA executives.

More than 737,000 SCE&G customers had already paid more than $2 billion toward the project, which never generated any power. Customers did ultimately see retroactive credits applied to bills after lawmakers passed a temporary rate cut that knocked about $25 a month off the average residential customer’s bill.

SCANA shareholders accused the company of assuring them the project was above board, even as costs and delays spiraled out of control. This, investors alleged, caused SCANA stock to be traded at artificially inflated prices, numbers that plummeted once the project was mothballed. In July 2016, SCANA stock was trading at $76.12 a share but dropped more than 50% after news of the project’s failure, and the investigations surrounding it, became public, according to the investors’ attorneys.

The settlement includes $160 million in cash, with the remaining $32.5 million covered by cash or stock in Dominion Energy. The Virginia-based company took over SCANA in 2019, paying more than $6.8 billion to buy out the company’s stock and assuming its consolidated net debts of $6.6 billion.

Claimants will be required to cash their checks within 120 days or forfeit the award, according to the order.

“We are pleased that the court has approved the settlement distribution plan, and look forward to the distribution of the settlement funds to eligible class members according to the plan,” said Marlon Kimpson, a state senator and attorney representing the investors.

July 20, 2021 Posted by | Legal, USA | Leave a comment

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