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Turkish environmentalists go to the Supreme Court to stop construction of nuclear power station

Anti-nuclear power plant activists turn to Turkey’s highest court  , Ahval, Ezgi Karataş

Nov 17 2018

Turkish environmentalists are deeply concerned about the ongoing construction of the country’s first nuclear power plant and plan to bring their case to Turkey’s highest court.

In the past year, environmental groups have brought up many legal cases against the plant, which is being built in Akkuyu, near Mersin, on the Mediterranean coast. Scientists have argued that the plant will adversely impact the regional ecology and economy, undermining the livelihoods of people who rely on the marine ecosystem and tourism.

Last month, an appeals court upheld a local court’s decision to accept the Turkish government’s environmental impact assessment, even though several news reports said some scientists’ signatures on the report were forged.Following the appeals court’s decision, environmentalists say they plan to petition the Constitutional Court. Sevim Küçük, a lawyer and vocal member of the Mersin Anti-Nuclear Platform, believes Turkish President Recep Tayyip Erdoğan influenced the appeals court’s decision.

“The president issued instructions to speed up the work one day before the hearing at the appeals court,” she said. “The judiciary was pressured by the executive. As a result, we were not expecting a just decision.”

Küçük says their appeal to the Constitutional Court does not automatically indicate a motion to stay. Plant construction, which began in April 2018 with a ceremony attended by Russian President Vladimir Putin and Turkish President Recep Erdoğan via video conference, is expected to continue during the proceedings. “Lower courts did not issue a motion to stay either, so the construction was continuing during all our legal battles as well,” says Küçük.

Küçük says that government assessment is out of line with scientific evidence and based on falsified expert reports. She believes the report was copy-pasted from falsified expert reports, and that the court, in its decision, copy-pasted the same reports as well.

A key concern of the environmental group is the storage of nuclear waste, which the assessment does not adequately address. “While Europe, Japan, America are trying to close down their nuclear power plants, why is our government so determined to build one?” asks Küçük. “As locals we are worried that the plant will store its nuclear waste in our neighbourhoods.”

Dr. Ful Uğurhan, another member of the anti-nuclear group, says that

The location of Akkuyu is not suited to build a nuclear power plant, argues Ful Uğurhan, another member of the anti-nuclear group. Uğurhan says that the seawater temperatures in Akkuyu are high, which not only means spending more energy to cool down the reactors, but the process will further increase the seawater temperatures and upset the ecological balance.

An active geological fault line near Akkuyu means additional risk.

“Considering the effects of global climate change, it’s not safe to build a nuclear power plant anywhere,” says Uğurhan. “Storms, earthquakes, tsunamis all increase the risk involved in building a nuclear power plant, instead of ecologically safe electricity production plants.” ………https://ahvalnews.com/akkuyu/anti-nuclear-power-plant-activists-turn-turkeys-highest-court

November 19, 2018 Posted by Christina Macpherson | Legal, opposition to nuclear, Turkey | Leave a comment

In a Japan court, with no jury, U.S. sailors exposed to Fukushima radiation, would not get a fair trial

U.S. sailors filed a class action in the Southern District of California in 2012 claiming radiation they were exposed to following the meltdown of a nuclear power plant in Fukushima, Japan while aboard U.S. vessels on a humanitarian mission has caused cancer, brain tumors, birth defects in their children and other rare health problems. Some have even died, according to their attorneys.

If U.S. courts dismiss the two related cases – Cooper et al. v. TEPCO et al. and Bartel et al. v. Tokyo Electric Power Company Inc. et al. – the sailors could bring their claims in Japan under its Compensation for Nuclear Damage Act.

Sammartino did clarify throughout the hearing that she would not waste her or the attorneys’ time by holding a court hearing if she wasn’t going to consider their arguments.

Class attorney Charles Bonner of Sausalito, California implored the judge not to dismiss the litigation, noting that attorneys have not been able to conduct discovery in the case, and that the defendants’ motions to dismiss were “based on legal arguments,” not facts.

Bonner suggested class counsel needed to obtain contracts between GE, which designed and helped to maintain the nuclear reactors for 40 years in Fukushima, and TEPCO, which operated the plant. Bonner said the contracts likely contain a choice-of-law provision that would indicate whether the parties would agree to litigate in the U.S. or Japan.

“Our sailors have already been here five years. They need some resolution in this court,” Bonner said……..

Edwards suggested if the Southern District of California dismissed the cases, the sailors wouldn’t “go to Japan and hire Japanese lawyers.”

Bonner buoyed Edwards’ point, noting a declaration from Japanese lawyers who said the class would not get a fair trial in Japan, where no jury would decide the case’s merits……..

Sammartino took the matter under submission and indicated that she will issue a written ruling.https://www.courthousenews.com/attorneys-implore-judge-to-keep-sailors-fukushima-case-in-u-s/

November 17, 2018 Posted by Christina Macpherson | Japan, Legal | Leave a comment

Two Hanford whistleblowers take legal action

2 Hanford whistleblowers sue. They say they lost their jobs for raising safety concerns, Tri City Herald, BY ANNETTE CARY, acary@tricityherald.com, November 15, 2018 RICHLAND, WA 

The company building the Hanford vitrification plant is defending itself in federal court against two former employers who said they lost their jobs after raising concerns about the plant’s safety.

Bechtel National holds the Department of Energy contract to build and start up the $17 billion plant to turn about 56 million gallons of radioactive waste into a stable glass form for disposal.

The waste is left from the past production of plutonium at the nuclear reservation for the nation’s nuclear weapons program………Annette Cary; 509-582-1533; @HanfordNews  https://www.tri-cityherald.com/news/local/hanford/article221733825.html

November 17, 2018 Posted by Christina Macpherson | Legal, USA | Leave a comment

U.S. Appeals Court upholds order for Federal Government to remove plutonium from South Carolina

U.S. government ordered to remove deadly nuclear substance from South Carolina, BY EMILY BOHATCH  ebohatch@thestate.com, October 26, 2018

South Carolina officials celebrated a victory Friday after a U.S. court ruled the federal government must remove a metric ton of plutonium from the state, according to a statement from the S.C. Attorney General’s Office.

The U.S. Fourth Circuit Court of Appeals upheld an earlier ruling ordering the U.S. Department of Energy to remove the element from the Palmetto State by the beginning of 2020, according to the statement. …..https://www.thestate.com/news/politics-government/article220680625.html

November 17, 2018 Posted by Christina Macpherson | - plutonium, Legal, USA | Leave a comment

High court rejects bid to shut down Shikoku Electric reactor

 https://japantoday.com/category/national/High-court-rejects-bid-to-shut-down-Shikoku-Electric-reactor, Nov. 16  TOKYO

A high court in western Japan on Thursday rejected a lawsuit to shut down Shikoku Electric Power Co’s only operable nuclear reactor.

The Takamatsu High Court denied a legal bid by residents of Ehime prefecture to shut down the No. 3 reactor at the Ikata nuclear plant, the company said in a statement.

The 890-megawatt reactor was restarted on Oct 27 and is currently running at full capacity.

The restart followed a Hiroshima High Court in late September that lifted a 2017 injunction blocking operations at the reactor.

November 17, 2018 Posted by Christina Macpherson | - Fukushima 2011, Legal | Leave a comment

Court order. USA Veterans Affairs must reveal numbers of troops exposed to radiation after 1966 Spanish nuclear disaster

Court forces VA to reveal extent of veterans’ contamination in Spanish nuclear disaster https://www.militarytimes.com/news/pentagon-congress/2018/11/14/court-forces-va-to-reveal-extent-of-veterans-contamination-in-spanish-nuclear-

By: Leo Shane III WASHINGTON — An appeals court will force Veterans Affairs officials to identify how many troops may have been exposed to radioactive debris from a 1966 plane crash, a move that supporters hope will be the precursor to a class-action lawsuit against the department for overdue benefits.

On Tuesday, the U.S. Court of Appeals for Veterans Claims made the unusual ruling demanding the records’ release six weeks after VA lawyers argued the information is nearly impossible to obtain, given aging and missing military records from the accident.

But the court, by a 6-3 ruling, gave the department 30 days to determine the number of military personnel assigned to the accident clean-up, the number of veterans who have applied for benefits connected to the event, and the number who have been denied compensation. That information will be used to decide how a lawsuit on the benefits denial may proceed.

Veterans involved in the accident have been unsuccessfully petitioning VA on their case since the mid-1970s, after a host of strange cancers and other illnesses began appearing among individuals involved.

In January 1966, seven airmen were killed and four more injured when a B-52 crashed into a KC-135 during a refueling mission off the coast of Spain. The B-52 was carrying four nuclear weapons at the time of the accident, and two of them exploded near the town of Palomares, spreading radioactive plutonium over hundreds of acres.

U.S. officials quickly ordered military personnel into the area to collect contaminated debris, crops and soil in an effort to repair the damage. But veterans involved in that cleanup say they were given no protective clothing or respiratory devices, and told very little about the potential long-term health effects from exposure to the nuclear material.

Earlier this year, the appeals court ruled in a separate case that veterans can file suit against the Department of Veterans Affairs as a class rather than individuals, in limited circumstances.

Since then, legal experts have been monitoring a host of lawsuits before the court to see which could be the first class recognized, a move which will set important precedents for future legal cases.

The three judges who argued against the records request in the Palomares lawsuit said the move would effectively force VA to justify the need for a class-action lawsuit against itself, and that the majority ignored concerns that Defense Department records for the incident may not exist.

But the majority opinion noted that no final decision on whether to recognize a class of Palomares has been made, and data on the denied benefits is the sole property of VA, inaccessible in any way for outsiders.

Plaintiffs in the lawsuit have contended that more than 1,600 veterans should be eligible for disability benefits related to the toxic exposure, but VA thus far has denied their requests because not enough scientific evidence exists to classify all of the health problems as service-related illnesses.

November 15, 2018 Posted by Christina Macpherson | health, incidents, Legal, Spain, USA | Leave a comment

Attorney for SCANA defends deletions to critical SC nuclear report 

The State. BY TOM BARTON, tbarton@thestate.com, November 14, 2018 COLUMBIA, S.C. 

An attorney involved in hiring a consultant to study problems at a failed $9 billion nuclear expansion project Wednesday defended deleting items from that critical report.

Atlanta-based attorney George Wenick testified during Day 10 of S.C. Public Service Commission hearings into the failed effort by SCE&G, a SCANA subsidiary, to build two nuclear reactors in Fairfield County. The commission also is considering SCE&G’s future electric rates and a proposal by Dominion Energy to buy SCE&G’s parent, SCANA.

The report by the San Francisco-based Bechtel Corp., completed in February 2016, showed SCE&G knew the project was troubled long before it collapsed……

SCANA chief executive Jimmy Addison last week testified he never had read the damning Bechtel report and never intends to, calling it “history.” But, he added, he wished it had been disclosed to the Public Service Commission and the public in 2015.

At stake is who will pay for the failed nuclear project — SCE&G’s customers, SCANA’s shareholders or both — and how big the future power bills will be for SCE&G’s roughly 730,000 electric customers.

SCE&G increased the electric rates for its typical residential customer by about $27 a month to pay for the nuclear project before it pulled the plug on the unfinished reactors in July 2017. Subsequently, the PSC cut SCE&G’s nuclear-related rates temporarily.

Wenick’s testimony could also be used in ongoing federal investigations by the U.S. Department of Justice and Securities and Exchange Commission. https://www.thestate.com/news/politics-government/article221641145.html

November 15, 2018 Posted by Christina Macpherson | Legal, USA | Leave a comment

SCE and G ignored warning signs as costs ballooned for failed nuclear power project

Utility consultant: SCE&G ignored ‘stop signs’ about failed nuclear project, Greenville News,Tom Barton, The State Nov. 13, 2018SCE&G ignored numerous warning signs before walking away from a failed $9 billion nuclear expansion project, an industry consultant told the S.C. Public Service Commission on Monday.

“Let me be blunt: You have a utility that bet the farm and lost,” Scott Rubin, an independent utility consultant and attorney from Pennsylvania, testified Monday on behalf of AARP South Carolina. “By the end of this year, customers will have paid $2.2 billion for absolutely nothing — not a single watt of electricity.”

Rubin’s testimony came on the eighth day of PSC hearings into the failed effort by SCE&G, a SCANA subsidiary, to build two nuclear reactors in Fairfield County. The commission also is considering SCE&G’s future electric rates and a proposal by Richmond-based Dominion Energy to buy its parent, Cayce-based SCANA.

At stake is who will pay for that failed project — SCE&G’s customers, SCANA’s shareholders or both — and how big the future power bills will be for SCE&G’s roughly 730,000 electric customers. …..https://www.greenvilleonline.com/story/news/2018/11/13/utility-consultant-sce-g-ignored-stop-signs-nuclear-project/1988385002/

November 15, 2018 Posted by Christina Macpherson | business and costs, legal, USA | Leave a comment

U.S. Supreme Court upholds right of 21 young people to sue federal government about climate change inaction

Independent 4th Nov 2018 , The Supreme Court has refused to halt a novel lawsuit filed by young
Americans that attempts to force the federal government to take action on
climate change, turning down a request from the Trump administration to
stop it before trial.

The suit, filed in 2015 by 21 young people who argue
that the failure of government leaders to combat climate change violates
their constitutional right to a clean environment, is before a federal
judge in Oregon. It had been delayed while the Supreme Court considered the
emergency request from the government.
https://www.independent.co.uk/news/world/americas/climate-change-lawsuit-trump-us-young-people-children-supreme-court-allows-julia-olsen-a8616136.html

November 5, 2018 Posted by Christina Macpherson | climate change, legal, USA | Leave a comment

Former SCANA accountant tells how nuclear financial document was “doctored”

SCANA accountant says CEO put her on medical leave over complaints about nuclear project, Independent Mail, Avery G. Wilks, The State  Nov. 2, 2018 COLUMBIA — In newly unsealed documents, a former SCANA employee says the utility’s then-chief executive, Kevin Marsh, put her on “special medical leave” after she went to him with concerns about a failing, $9 billion nuclear project.

Carlette Walker, once SCANA’s vice president of Nuclear Finance Administration, also testified that, in 2015, her bosses filed misleading testimony under her name with state regulators about how much the V.C. Summer Nuclear Station expansion project would cost.

Carlette Walker, once SCANA’s vice president of Nuclear Finance Administration, also testified that, in 2015, her bosses filed misleading testimony under her name with state regulators about how much the V.C. Summer Nuclear Station expansion project would cost.

“While I was out, they wrote testimony under my name, and they filed testimony under my name with the (lower cost) number that I had fought against,” Walker said in an April 24 deposition.

Walker’s full sworn statement — parts had been released before with sections blacked out, or redacted — was made public Thursday as the S.C. Public Service Commission began its weeks-long hearing into the nuclear-related power rates of SCE&G, SCANA’s electric subsidiary.

A spokesman for SCE&G said the utility would not comment except during the PSC hearing.

Previously, most of the pages of Walker’s 187-page deposition had been at least partially blacked out at SCE&G’s request. However, PSC hearing officer David Butler ruled Wednesday the entire document should be made public.

The state’s utility watchdog, the Office of Regulatory Staff, plans to use Walker’s deposition as evidence SCE&G misled the PSC — which sets utility rates — in order to keep the project alive, and its revenues and executive bonuses flowing.

In her deposition, Walker said she had projected the cost to finish the floundering project was about $500 million higher than contractors had estimated. But, she said, her SCANA bosses submitted the contractors’ lower numbers — which she considered unrealistic — to regulators in her name while she was out of work on leave, taking care of her sick husband.

Another former SCE&G employee, Ken Browne, said in his deposition the contractor’s cost projections were based upon productivity rates that V.C. Summer construction workers never had attained. Work was going so slowly, the project could have taken far longer — until 2030 — to complete, Browne said.

According to Walker’s deposition, when Browne objected internally to SCE&G using the lower cost submitted to the PSC, under Walker’s name, he was “pretty much cussed out by (SCE&G outside attorney) Mitch Willoughby and put in his place, and so he just shut up.”

In the formerly redacted portions of her deposition, Walker said she went to both then-SCANA CEO Marsh and current CEO Jimmy Addison — then the company’s chief financial officer — with concerns about the nuclear project in the fall of 2015………. https://www.independentmail.com/story/news/2018/11/02/v-c-summer-nuclear-station-fiasco-scana-accountant-put-leave/1856615002/

November 3, 2018 Posted by Christina Macpherson | Legal, secrets,lies and civil liberties, USA | Leave a comment

Hearing on failed VC Summer Nuclear Project begins in South Carolina

 https://www.wjbf.com/news/csra-news/hearing-on-failed-vc-summer-nuclear-project-begins-in-south-carolina/1567635123, By: Shawn Cabbagestalk Nov 01, 2018 SOUTH CAROLINA (WJBF) – A stroke of a pen signed it into law back in 2007. It’s blamed for higher rates you’ve paid on projects not yet completed.

The Base Load Review Act allows utilities to charge customers for those projects.

“The PSC is going to decide if South Carolina Electric and Gas is going to pay for up to $5 billion or if that’s going to be on the backs of the ratepayers,” Friends of the Earth Senior Adviser Tom Clements, who has tracked the project since its inception, told NewsChannel 6’s Shawn Cabbagestalk.

According to the Base Load Review Act, once the state’s Public Service Commission approves the project, the utility can request an increase each year.

Now a judge is expecting to overturn the law calling it unconstitutional.

Starting Thursday, November 1, the Public Service Commission will hear arguments over who should pay for financing charges billed to customers for the VC Summer Nuclear Project – a project that never generated power.

“We are on the side of the ratepayer and we want the company to pay for the big mistake in pursuing that project,” Clements added.

If ruled unconstitutional, billions in refunds could be headed to your wallets. SCE&G is on the hook for some of the unfinished reactors at VC Summer.

“The evidence, in this case, is irrefutable that SCE&G hid key information as the project unraveled and did not act prudently from the start,” Clements said.

The project accounted for nearly a fifth of customers’ power bills.

“They were charging customers 18% of their bill to pay for the project even though it was terminated. The South Carolina legislature, with PSC approval, reduced that amount on the monthly bill to three-point-two percent and we want it reduced down to zero,” Clements said.

SCE&G and their partner Santee Cooper canceled the twin-reactor V.C. Summer project on July 31, 2017.

The hearing is expected to last three weeks.

You can watch it, here: https://www.psc.sc.gov/about-us-0/livestream-schedule

November 3, 2018 Posted by Christina Macpherson | Legal, USA | Leave a comment

Nuclear company AREVA rebranded itself (Orano, Framatome) – but legal troubles linger

BFMTV 29th Oct 2018, Buyout of Uramin by Areva: the Paris Court of Appeal orders new indictments. In 2007, Areva, then led by Anne Lauvergeon, acquired this Canadian mining company for 1.8 billion euros. A financial fiasco on which justice leads several investigations.

The Paris Court of Appeal ordered further indictments including the former boss of the group.

https://www.bfmtv.com/economie/rachat-d-uramin-par-areva-la-cour-d-appel-de-paris-ordonne-de-nouvelles-mises-en-examen-1555034.html

November 1, 2018 Posted by Christina Macpherson | France, Legal | Leave a comment

US government joins Hunters Point Shipyard radiation lawsuit

  By: KTVU StaffOCT 25 2018 , SAN FRANCISCO (KTVU) – The United States government has joined the lawsuits against the company hired to clean up radiation at the old Hunters Point Shipyard in San Francisco.

The Department of Justice claims Tetra Tech defrauded the government with its radiation testing of soil and buildings.

The lawsuit against Tetra Tech and others claim radioactive soil left on the property has led to chronic health problems. …….http://www.ktvu.com/news/us-government-joins-hunters-point-shipyard-radiation-lawsuit

October 27, 2018 Posted by Christina Macpherson | Legal, USA | Leave a comment

November hearing on “Who will pay for the failed SCE and G nuclear project?

SCE&G regulatory trial: Who will pay for the failed nuclear project? The State, BY FRANK KNAPP JR., October 19,

On Nov. 1, the S.C. Public Service Commission (PSC) will start a hearing that will impact the electric rates of SCE&G customers for decades.

The primary issue to be decided is how much if anything SCE&G customers will be forced to pay for the incurred construction costs of its abandoned nuclear project in Fairfield County.

Essentially, this is a regulatory trial.

SCE&G is being accused of intentionally withholding critical information from the S.C. Office of Regulatory Staff (ORS) and the PSC.

ORS is the state agency that was responsible for analyzing data received from SCE&G for the approval of construction cost increases, construction schedule delays and rate hike requests to pay for construction cost financing. ORS then made recommendations to the PSC for decisions on these matters.

After reviewing more than a million pages of SCE&G-produced documents, ORS concluded that by March 2015, the company knew that it would take several years longer to complete the nuclear project and the cost would be billions higher than it was telling the regulators.

By not providing this information to ORS and the PSC, critics contend that SCE&G enabled itself to obtain undeserved electric rate increases to fund the doomed project.

The principle SCE&G challengers — ORS, Sierra Club and Friends of the Earth — maintain that had ORS and the PSC known what SCE&G knew in March 2015, the regulators might have pulled the plug on the project then, saving the ratepayers billions……….https://www.thestate.com/opinion/op-ed/article220308855.html

October 20, 2018 Posted by Christina Macpherson | Legal, USA | Leave a comment

Court rules that U.S. Dept of Energy can stop construction of a $17 billion plutonium and uranium fuel factory

Department of Energy halts $17B nuclear facility construction, Construction Dive,   Kim Slowey@kimslowey  17 Oct 18Dive Brief:

  • A federal appeals court ruled that the Department of Energy can move forward with its plans to stop construction of a $17 billion plutonium and uranium fuel factory at its Savannah River Site in Aiken, South Carolina, The State reported. The latest cost projections have the mixed oxide, or MOX, facility at three times the original budget, and the DOE has made claims previously of a substandard quality of construction.
  • According to a letter obtained by The State, the department sent a termination notice to contractor CB&I Areva MOX Services, which was contracted by the DOE’s National Nuclear Security Administration to design, build and maintain the facility. The department reportedly informed the prime contractor that its contract is terminated immediately and that the shutdown of operations — securing existing buildings and the construction site — will now begin. As many as 900 workers could be laid off with 60 days’ notice, but the DOE has indicated that there are other positions at the site that workers could potentially fill.
  • Local and state officials promised to fight the closure, but, if their efforts fail, the DOE could build a plant that makes pits for atomic weapons. According to a construction update from CB&I Areva MOX at the beginning of the year, crews had placed more than 90% of structural concrete; installed almost 95% of rebar; constructed 12 of 16 support buildings and installed 106 tons of pipe. ………https://www.constructiondive.com/news/department-of-energy-halts-17b-nuclear-facility-construction/539892/

October 18, 2018 Posted by Christina Macpherson | Legal, technology | Leave a comment

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