South Carolina’s $9 billion nuclear fiasco – another legal saga develops, criminal investigation coming
3 years later: How the fallout from SC’s $9 billion nuclear fiasco continues Post and Courier, By Avery G. Wilks and Andrew Brown awilks@postandcourier.com abrown@postandcourier.com, Jul 31, 2020
- It has been three years since two of South Carolina’s largest electric utilities abandoned their $9 billion effort to build two nuclear reactors, but the legal, political and financial consequences continue to ripple across the Palmetto State.
The scuttled V.C. Summer expansion in Fairfield County is now widely considered one of the biggest business failures in the state’s history. The announcement of the project’s cancellation on July 31, 2017, shook South Carolina’s power industry, state government and business community.
The two homegrown S.C. utilities that partnered on the project were thrown into disarray. Investigations were initiated by state lawmakers, financial regulators and federal law enforcement officials.
The state and federal court systems were flooded overnight with lawsuits by investors, ratepayers, construction workers and lenders. The state regulatory system that backed the project for nearly a decade was called into question.
And more than 1.7 million utility customers with S.C. Electric & Gas, Santee Cooper and the state’s 19 local electric cooperatives realized they might be forced to pay billions of dollars more for a power plant that will never produce a watt of electricity.
Much has changed since Santee Cooper and SCE&G’s leaders suddenly announced the project’s collapse. But the saga isn’t over quite yet. Here is a breakdown of where things stand. Continue reading
Assange appears in court, as lawyers warn case may be delayed by new US indictment
Assange appears in court, as lawyers warn case may be delayed by new US indictment https://www.wsws.org/en/articles/2020/07/28/assa-j28.html By Thomas Scripps, 28 July 2020WikiLeaks founder Julian Assange’s case management hearing yesterday continued the travesty of legal due process to which he has been subjected for more than a decade.
The journalist and publisher is fighting extradition to the United States, where he faces politically motivated frame-up charges of espionage with a combined potential sentence of 175 years. He has not attended hearings via videolink for the last three months on the advice of doctors, due to his fragile state of health and the threat of exposure to coronavirus. At the previous hearing on June 29, District Judge Vanessa Baraitser had scolded Assange for not being present, demanding medical evidence to justify his non-appearance in future. But yesterday, Baraitser ruled the hearing could go ahead without Assange after Belmarsh prison disrupted his plans to attend. Prison authorities claimed to have forgotten to arrange videolink facilities for the world-famous political prisoner. Edward Fitzgerald QC, the lead defence lawyer, said he would prefer his client to be present. The hearing was adjourned for ten minutes to allow him to contact Assange. When court resumed, Fitzgerald confirmed his wish to see his client attend. The hearing was then adjourned for another hour and a quarter. When Assange was finally produced via videolink he appeared tired and downcast, according to reporters in the court room. The brief exchanges between Fitzgerald, Baraitser and prosecuting lawyer Joel Smith, centred on the superseding indictment against Assange issued by the US Department of Justice on June 24. The new indictment is based on the testimony of Sigurdur Thordarson, described by WikiLeaks as a “sociopath, convicted conman and sex criminal involved in an FBI entrapment operation against WikiLeaks.” It alleges that Assange recruited and incited hackers against a range of classified, official, and private computers between 2009 and 2015. It contains no new charges but significantly expands the scope of allegations against WikiLeaks, deepening the assault on freedom of the press being waged by the US government. Assange’s support for whistleblower Edward Snowden and transparency of information are alleged in the superseding indictment to constitute solicitation and theft of classified information. Former WikiLeaks section editor Sarah Harrison and former WikiLeaks spokesperson Jacob Applebaum are targeted on the same basis. But the new indictment had not been served in the UK courts at the time of the last hearing (June 29) and had still not been submitted as of yesterday. Baraitser noted, “As it stands no further superseding indictment is before this court.” Smith responded for the prosecution that “It has been disclosed to the defence” and Baraitser confirmed, “It has only been disclosed to the court via email from the defence but not formally.” Smith said that he could not commit to a timeline for serving the new indictment, before absurdly claiming that the “usual procedures” would be followed. There is nothing “usual” about this case, including the procedures surrounding the new indictment. As Fitzgerald said during the hearing, “We’ve had it sprung on us.” Kristinn Hrafnsson, Editor-in-chief of WikiLeaks, explained in a statement yesterday, “What the US is doing is truly unprecedented. A new indictment is being introduced halfway into extradition proceedings, which have been a year in the making. The Assange extradition case started in February and was scheduled to resume in May but was then forced to adjourn until September due to the COVID lockdown. “The ‘new’ superseding indictment actually contains nothing new. All the alleged events have been known to the prosecution for years. It contains no new charges. What’s really happening here is that despite its decade-long head-start, the prosecution are still unable to build a coherent and credible case. So, they’ve scrapped their previous two indictments and gone for a third try. They are wasting the court’s time and flagrantly disregarding proper process.” As it stands, the UK courts are continuing with Assange’s extradition process based on an outdated indictment. The new version has been significantly adjusted and can only raise new and substantial legal issues that must be responded to. The defence are due to serve their skeleton argument on August 25. At the last case management hearing, Summers noted that that the superseding indictment “has the obvious capacity to derail the September date [for the next phase of the hearing].” Fitzgerald told the court yesterday that it would be “improper” if the US government’s actions led to a delay in the case, particularly beyond the November US presidential election, in which he expected Assange to serve as a political football. He continued, “We are concerned about a fresh request being made at this stage with the potential consequence of derailing proceedings and that the US attorney-general is doing this for political reasons.” Baraitser told him to “reserve his comments” on the new request, as it had not yet been served. Fitzgerald indicated the defence may need a fourth week to fully present their arguments during the second phase of the extradition hearing—currently scheduled to last three weeks. Smith said that chief lawyer for the prosecution, James Lewis QC, would not be available for a fourth week and Baraitser agreed that it would be a “real concern” for the court if the case stretched to an additional week. Both parties agreed the court could decide later if a fourth week would be needed. Journalists and monitors from political, legal, and medical organisations attempting to access the court via conference call were again unable to hear proceedings. The audio quality is routinely terrible, but on this occasion not even snatches of conversation where audible since, for the second time, the call was somehow left on hold after the adjournment. Space in the court is still strictly limited by social distancing measures. As Assange appeared in court yesterday from Belmarsh prison, his partner Stella Morris gave evidence in a Spanish court over the spying activities of UC Global. The Spanish security company was hired by the CIA to spy on Assange and his closest associates during his final years of political asylum at the Ecuadorian embassy in London. It recorded Assange’s privileged meetings with lawyers, and his private consultations with medical doctors and journalists. The activities of UC Global, including plans to kidnap or murder Assange, expose the criminal and all-encompassing character of the US vendetta against Assange and WikiLeaks. Assange’s final case management hearing will take place at 10am at Westminster Magistrates Court on August 14, ahead of the resumption of the extradition hearing proper on September 7 at Central Criminal Court. It was agreed that Assange, the judge, the defence, and the prosecution will all attend in person, but it remains unclear what the arrangements will be for the public, press and international observers. |
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Should aging nuclear reactors get propped up with subsidies? Ohio scandal highlights this question
After $60M Bribery Charges, Questions Renewed over Ratepayer Subsidies for Nuclear Power https://www.njspotlight.com/2020/07/after-60m-bribery-charges-questions-renewed-over-ratepayer-subsidies-for-nuclear-power/ TOM JOHNSON | JULY 28, 2020
FirstEnergy Corp. CEO Chuck Jones was more than halfway through his second-quarter earnings call Friday, when he could no longer hold in his frustrations. “It’d be really nice,’’ he said softly, ‘’we have 15 minutes left if we could actually talk about the great quarter that we had at some point here.’’
Unfortunately for him, analysts were not interested. Instead, they sought to gauge the Ohio energy giant’s risks and exposure following the announcement three days earlier of its role in the $60 million bribery scandal related to the bailout of two nuclear plants formerly owned by the company. The federal investigation led to the arrest of Ohio’s speaker of the House, his chief political aide and three lobbyists.
The alleged scheme involved using funds from FirstEnergy, its former subsidiary and operator of the plants, and another subsidiary, to help pass a bill last year to keep the plants open with a $1.3 billion subsidy paid for by utility customers. Once enacted into law, funds funneled to a dark-money nonprofit set up by the Ohio Speaker Larry Householder were used to block a referendum seeking to overturn the law.
The scandal has revived questions about whether these aging nuclear plants deserve the subsidies and how they were awarded. New Jersey was one of four states to allow ratepayer subsidies to avoid closing nuclear power plants.
At this juncture, there are more questions than answers relating to FirstEnergy’s , involvement. FirstEnergy, which owns Jersey Central Power & Light and its subsidiaries, is cooperating with the investigation, Jones said. “I believe First Energy acted properly in this matter,’’ Jones told analysts. None of the money from the bailout went to FirstEnergy, he said.
FirstEnergy source of some funds
In the call, peppered repeatedly with questions about the probe, Jones acknowledged about one-quarter of the $60 million in funds diverted to the nonprofit Generation Now came from FirstEnergy. “We do make prudent decisions to spend corporate funds on issues that we believe that are important to our customers and shareholders,’’ he said.
The lobbyists arrested and identified in the 82-page affidavit never worked for FirstEnergy on the nuclear bailout bill, according to Jones. “Who they worked for, I’m not sure, but I know they did not work for us.’’
The Justice Department affidavit never specifically identified companies or entities involved in the scheme, leading to confusion about where in the corporate structure the illegal activity is coming from, according to one analyst.
Renewed criticism about ratepayer subsidies
Still, the affidavit renewed criticism from some in the energy sector over states subsidizing bailout of nuclear power plants, a process that has also occurred in New York, New Jersey and Illinois. In New Jersey, Public Service Enterprise Group and Exelon Corp. won subsidies amounting to $300 million a year to prevent their three plants in South Jersey from closing after a bitter two-year legislative battle.
“This should raise questions in New Jersey whether the ZEC (zero-emission certificate) legislation is necessary,’’ said Glen Thomas, president of the P3 Group, a coalition of energy suppliers that opposes nuclear subsidies. “We now know in Ohio the only reason these bills passed (was) legislators were being bribed.’’
Last week, Ohio Gov. Mike DeWine, reversing a stance he took only the day before, called for the repeal of the law, saying Householder’s alleged bribery scheme ‘’tainted’’ it.
Others were more circumspect. Paul Patterson, an analyst with Glenrock Associates, asked Jones a question on Friday’s call wondering what, if any, illegal activity was cited in the affidavit against the company. Jones said he would let his prepared remarks answer that question.
“If this is the rules that are set up, and if you are so dependent on government policies, then why are people so surprised that they then try to influence policies,’’ Patterson said in an interview with NJ Spotlight.
According to the Justice Department affidavit, companies in the alleged scheme paid out $60.8 million over a three-year period. Householder was elected speaker in January 2019. Three months later, HB6, the nuclear bailout bill, was introduced and it passed in late May 2019.
Money kept flowing
Even after the bill was enacted, the money still flowed freely, according to the affidavit. At least $450,000 was paid out to 15 signature-collection firms so they would be conflicted by working on behalf of the ballot campaign, the affidavit said. In addition, funds were found to bribe workers collecting signatures, including to find out details about how well the signature signups were going.
In the end, the groups opposing the subsidy failed to collect enough signatures to put the issue on the ballot.
“These are matters of utmost public concern,’’ said Steven Goldenberg, a lawyer actively involved in the nuclear subsidy case in New Jersey. “It is critical they are decided on their merits, not on behalf of undue political influence.’’
Karl Grossman on the Ohio Nuclear Scandal 2020
Ohio Nuclear Scandal 2020, Montgomery County Sentinel, By Karl Grossman Jul 29, The U.S. Attorney’s Office and FBI last week charged the speaker of the Ohio House of Representative and four others in a $61 million scheme to use $1 billion in ratepayers money to keep two decrepit nuclear power plants operating.And, said the U.S. Attorney for the Southern District of Ohio, David DeVillers, at a press conference after the arrests on July 21: “This is by no means over. We are going to continue with this investigation.”
Those charged were involved in a “Conspiracy to Participate, Directly or Indirectly” in the scheme “through a Pattern of Racketeering Activity,” declared the “Offense Description” that headed an 81-page federal “Criminal Complaint.” As DeVillers described it at a press conference as the “largest bribery, money laundering scheme ever perpetrated against the people of Ohio.” FirstEnergy Corp., whose former subsidiaries owned the Davis-Besse nuclear power plant 21 miles from Toledo and the Perry nuclear power plant 40 miles from Cleveland, funneled “dark money,” he said, through a social welfare non-profit corporation to help Larry Householder become speaker of the Ohio House and get other legislators elected. Together, they then got a $1 billion bailout passed that places a fee on every electricity bill in the state through 2026 for the plants. Arrested with Ohio House Speaker Larry Householder was former Ohio Republican Chairman Matt Borges, lobbyists Neil Clark and Juan Cespedes and political consultant Jeff Longstreth. Atttorney DeVillers said that those involved in the scheme “were able to line their pockets.” Householder took in “a half a million dollars for his personal benefit.” The “Criminal Complaint” speaks of how in 2016 “Company A Corp.’s [referring to FirstEnergy Corp.] “nuclear generation looked grim.” It and “its affiliates reported a weak energy market, poor forecast demands, and hundreds of millions of dollars in losses.” So, the company “actively sought a ‘legislative solution’ for its two-affiliated nuclear power plants in Ohio.” There are then pages and pages of details about the investigation. The “Criminal Complaint” can be viewed online at https://ewscripps.brightspotcdn.com/f9/43/8327c2984e40adac3d957d226894/ohio-house-complaint.pdf What is described in the “Criminal Complaint” as the “Householder Enterprise” backed 15 candidates in primaries in 2018, including Householder himself, and six additional ones in the general election, with most candidates winning and voting for Householder to become speaker, and most voting for the bailout. The ”Conclusion” of the “Criminal Complaint” states: “The above facts establish probable cause that Householder’s Enterprise is an association-in-fact enterprise affecting interstate commerce, and the Defendants conspired to participate in the conduct of affairs of the enterprise by agreeing that a co-conspirator would commit a pattern of racketeering activity. To summarize, while operating together—and functioning as Householder’s ‘team’—the Defendants enriched themselves and increased Householder’s political power by: engaging in a scheme to defraud the public…involving the receipt of millions of dollars in secret bribe payments through Householder’s 501(c) (4) account in return for Householder taking official action to help pass a legislative bailout for two nuclear power plants; bribing and attempting to bribe individuals working on behalf of the Ballot Campaign in an attempt to receive inside information and defeat the Ballot Campaign; and concealing the scheme, their illegal activity; and the source of the funds transferring the Company A-to-Generation-Now payments through other controlled entities and knowingly engaging in monetary transactions with the proceeds.” Earlier, the Columbus Free Press ran an article by Bob Fitrakis and Harvey Wasserman headlined “Ohio’s Pro-Nuke Assault Threatens American Democracy with Violence & More.” https://columbusfreepress.com/article/ohios-pro-nuke-assault-threatens-american-democracy-violence-more The November 2019 article began: “The nuclear industry’s violent assault on democracy in Ohio has taken a surreal leap. Ohio’s GOP secretary of state has now asked the Ohio Supreme Court NOT to provide a federal judge with answers about key procedural questions surrounding the state’s referendum process. The short-term issue is about a billion-dollar bailout for two nuke reactors and two coal burners. Long-term it asks whether targeted violence perpetrated by paid thugs will now define our election process. And whether the public referendum will remain a workable part of our democracy.”………… https://www.thesentinel.com/communities/montgomery/news/ohio-nuclear-scandal-2020/article_31d9b01e-d19f-11ea-a7b7-d3a900894306.html Karl Grossman is an author and journalism professor at the State University of New York/College at Old Westbury. He attended Antioch College in Yellow Springs, Ohio. He hosts the television program Enviro Close-Up with Karl Grossman |
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Looks as if 20 municipalities in Utah have been NuScammed for those not so small nuclear reactors
readers may wonder how UAMPS convinced some members to sign an “option” contract, which eventually converts to a “hell-or-high-water” contract, meaning that the buyer has no right, under any circumstances, to abandon the contract once construction, the Achilles heel of nuclear projects, is authorized.
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Over 20 municipalities, primarily located in Utah, have signed a contract with Utah Associated Municipal Power Systems (UAMPS) to purchase entitlement shares for a first-of-a-kind nuclear power plant based on NuScale’s unproven small modular reactor (SMR) design. [and they’re not really small at all] Ignoring the history of commercial nuclear plant construction, advocates have promoted the SMR project as a cost-effective energy resource without fully addressing the economic, contractual and litigation risks with stakeholders. Between 1953 and 2008, approximately 250 commercial nuclear reactors were ordered in the United States. During this period, ratepayers (and investors) bore the burden for well over $200 billion (in 2009 dollars) in costs for completed and abandoned nuclear plants. For example, one of the largest municipal bond defaults occurred in 1982 when the Washington Public Power Supply System defaulted on $2.25 billion in bonds for two nuclear power plant construction projects. In an effort to reduce their losses, bondholders sued a group of utilities (including several Idaho cities) that entered into contracts to pay for the plants.
Well, what about the UAMPS SMR project, including the $65 dollars per megawatt-hour (price cost of electricity) sales pitch? During a 2018 Los Alamos County Council meeting, held to consider approval of the UAMPS power sales contract, a council member asked a UAMPS lawyer, “There’s been mention of a target of $65 a megawatt-hour. How did we come up with that number?” Another council member, probing into the terms of the contract, expressed additional concern. The councilor stated, “I feel like we’re being sold a bill of goods with $65 a megawatt-hour.” With that said, readers may wonder how UAMPS convinced some members to sign an “option” contract, which eventually converts to a “hell-or-high-water” contract, meaning that the buyer has no right, under any circumstances, to abandon the contract once construction, the Achilles heel of nuclear projects, is authorized. Having a similar concern, especially given the history of nuclear plant construction, a sincere effort was made to address project risks with the UAMPS SMR project chair, including sharing concerns about transparency and proposing possible ways to minimize risks to ratepayers, including contract modifications such as price guarantees and redefining the construction period. Unfortunately, my questions and concerns fell on deaf ears. |
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The Santa Susana site – America’s Secret Chernobyl
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Inside America’s Secret Chernobyl — The Abandonded Cold War Compound Outside Suburban LA, more https://medium.com/@lukejacobs/inside-americas-secret-chernobyl-the-radioactive-dump-that-started-la-s-recent-wildfire-663b9bd0430e BY Luke Jacobs, Independent Journalist & Videographer, 27 July 20, “……….The Santa Susana Field Laboratory was a sprawling industrial research complex located on over 2,000 acres of rocky hillside in Simi Valley, California. Widely recognized as being one of America’s most vital facilities during the space race, scientists from NASA, Boeing, and Rocketdyne contributed significantly in developing the following projects for the US government.
And…
Worst in US history? Most Americans know about Three Mile Island, the 1979 meltdown which brought anti-nuclear politics into the mainstream and resulted in worldwide outrage. But how many have heard of the 1959 Rocketdyne Meltdown?
Residents had tremendous pride for the facility. To them, it represented a greater purpose that most Americans only connected with by way of television reports and radio broadcasts. Locals businesses fed Rocketdyne workers, washed their clothes, repaired their cars, and built their homes. They were helping their country with its most important goals: defeating the Soviets and sending men to the moon. The reactor that leaked in 1959 was located in an area of SSFL dubbed “Sector IV”, which was classified as experimental and given lax environmental restrictions. This allowed engineers to speedily build the reactor, but with a deadly tradeoff: it had no containment structures. The reactor and its highly radioactive components were housed without the large concrete domes that surround modern power reactors. When the meltdown occurred, a decision was made by higher-ups to downplay the incident. Engineers were told to run the reactor as normal over the next few days. As it became more and more obvious that radiation was spreading throughout the surrounds hills and communities, the plug was pulled. A few weeks later, Atomics International released a memo alerting residents of a “slight mishap” with their reactor, and that no dangerous radiation was released. Employees at SSFL were directed not to tell anyone about the incident, and it was not publicly disclosed for 20 years, until 1979. A series of academic and journalistic reports between 1989–2010 helped to reveal the true scale of the disaster. Testifying before Congress in 2008, Daniel Hirsch, President of an NGO dedicated to nuclear safety, referred to the meltdown as “one of the worst accidents in nuclear history.” Subsequent reports revealed other toxic decisions Boeing made at SSFL. Instead of safely shipping hazardous materials to a licensed facility, workers shot barrels of the toxic chemicals with rifles and dumped the waste into nearby streams. This has led to multiple ongoing studies on the groundwater quality of the area, including an expensive multi-billion dollar legal battle between Boeing and local governments over a cleanup agreement. ……. Aside from the high levels of radiation in the soil and crumbling infrastructure, the site has pretty intense security. From my online conversations with the few people who managed to sneak in, the process is grueling: requiring a 6-mile hike in and out which almost necessitates overnight camping at the site. |
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Investigation into several Ohio nuclear bailout bills
Federal investigators seek records for nuclear bills introduced before Larry Householder became Ohio House speaker, By Andrew J. Tobias, cleveland.com, 27 Jul 20, COLUMBUS, Ohio — Federal investigators are eyeing several nuclear bailout bills, including House Bill 6 but also three previous iterations introduced before Larry Householder became Ohio House speaker.
A federal subpoena, obtained via a public-records request, seeks records related to four nuclear bailout bills. One is 2019′s HB6, which ultimately passed that year through what federal prosecutors have described as an elaborate corruption scheme funded by $60 million in FirstEnergy bribes. Three bills introduced in 2017 failed to progress significantly in the legislative process. Two of the 2017 bills, House Bills 178 and 381, were sponsored by state Rep. Anthony DeVitis, a Republican from suburban Akron, near FirstEnergy’s corporate headquarters. One, Senate Bill 128, was co-sponsored by Sen. John Eklund, a Geauga County Republican and then-Sen. Frank LaRose, a Hudson Republican who is now Ohio Secretary of State. None of the bills’ sponsors have been accused of wrongdoing……. All four bills sought to subsidize two Ohio nuclear plants owned by a former FirstEnergy subsidiary by tacking fees onto electricity customers’ bills. Previous versions of the bill failed to advance until Householder was elected speaker, with heavy financial backing by FirstEnergy, in January 2019. The final version of HB6 raised more than $1 billion, which company officials argued was needed to rescue the financially troubled plants. Federal investigators also are seeking “all documents and items, including communications” related to public records issued to the House referencing or related to Householder. The subpoena is dated July 20, the day before federal agents arrested Householder, his top political aide and three prominent lobbyists who all worked for a political enterprise federal investigators say was led by Householder. Federal agents say FirstEnergy provided $60 million for the enterprise, which first fielded legislative candidates who backed Householder for speaker, then passed HB6 and finally defended it against a repeal effort, in a “corrupt bargain” in return for Householder’s promise to secure the bailout….. www.cleveland.com/open/2020/07/federal-investigators-seek-records-for-nuclear-bills-introduced-before-larry-householder-became-ohio-house-speaker.html |
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Former executive of South Carolina utility Scana Corp has pleaded guilty in nuclear conspiracy case
US executive pleads guilty in nuclear project delay cover-up https://www.globalconstructionreview.com/news/us-executive-pleads-guilty-nuclear-project-delay-c/, 27 July 2020 | By GCR Staff
A former executive of South Carolina utility Scana Corp has pleaded guilty to his role in what investigators called a “breathtaking” conspiracy to hide unresolvable problems in a project to build a $10bn nuclear power plant.
Stephen Byrne, 60, an executive vice president of Scana, repeatedly assured investors, taxpayers and state officials that two new units at the VC Summer nuclear power station would be finished in time to qualify for a federal nuclear production tax credit, worth up to $1.4bn, that is set to expire on 31 December this year.
Prosecutors said Byrne knew the scheme was hopelessly behind and over budget, but that his and co-conspirators’ deceptions allowed Scana to obtain rate increases from Scana’s customers to continue financing it.
“This conspiracy to defraud Scana customers is breathtaking in scope and audacity,” said FBI Special Agent in Charge Jody Norris. “The FBI remains committed to ensure all those responsible for this crime, which only served to enrich a few by robbing families and communities within South Carolina, are held accountable.”
Byrne, who was in charge of Scana’s nuclear work, agreed a plea deal with prosecutors and has been cooperating with investigators. He faces up to five years in prison.
Peter McCoy, US attorney for the district of South Carolina, told reporters outside the courtroom after the plea: “Today is a good start to years upon years of investigation, so we’re mighty proud about what happened here today.”
The project to add two reactors to the station was abandoned by Scana subsidiary SCE&G three years ago after it became mired in cost overruns and then fell foul of the collapse of Westinghouse, a subsidiary of Japanese engineer Toshiba, which was carrying out the work.
The first concrete pour for unit two was made in March 2013, making it the first reactor to start construction in the US in 30 years. The first concrete for unit three was completed in November of the same year. However, the original $9.8bn cost of the scheme had increased to roughly $25bn by 2017.
As an example of Byrne’s deception, prosecutors gave evidence that in July 2016, Byrne submitted written testimony to the South Carolina Public Service Commission, the Office of Regulatory Staff and the public stating that the construction schedule was “logical and appropriate” when Byrne knew it was unreliable and unlikely to be achieved.
As part of the plea deal, the Virginia-based utility Dominion Energy, which acquired Scana in 2018, will provide $4bn to state rate-payers as damages for criminal activity that took place in 2015 and 2016.
The US Securities and Exchange Commission filed a second lawsuit against Byrne and former Scana chief executive Kevin Marsh in February, also connected with misleading statements about progress at VC Summer.
Byrne joined Scana in 1995 and has more than 30 years’ experience in the utility industry. He has been released pending sentencing.
Image: The second containment vessel ring being placed on unit two in February 2017 (Santee Cooper)
Further reading:
Takeover of UraMin – a scam linked to incompetence of leaders in the nuclear industry
Le Media 25th July 2020, Son of resistance fighters, Marc Eichinger was a trader for several banks before leading his investigation and security company, APIC, which protects companies in hostile terrain. With the Areva affair he becomes a spy, specializing in financial crime.
Since I opened the Areva file in February 2010, at the request of Admiral d’Arbonneau, I have the feeling that the
takeover of UraMin is not only a scam linked to incompetence or lightness of the leaders of the nuclear group in the treatment of this acquisition. A certain number of clues suggest that it goes beyond …I tend to think that the UraMin file will eventually come to light and become a historical benchmark in the area of international corruption. Yet at no time did we receive the slightest support from an elected politician. In this area, it is obvious that everyone sticks together. There is nothing to expect from politicians: the soup is too good, as they say.
Nucleargate in Ohio Huge criminal racketeering conspiracy orchestrated reactor bailouts
Nucleargate in Ohio Huge criminal racketeering conspiracy orchestrated reactor bailouts, https://beyondnuclearinternational.org/2020/07/24/nucleargate-in-ohio/ By Linda Pentz Gunter, 24 Jul 20
It’s been a bit of a Watergate week for nuclear power, with individuals in two states arrested for criminally defrauding the public to keep nuclear power alive. In Ohio, it was public officials, backed by nuclear company money, who illegally orchestrated a massive subsidy. In South Carolina, it was the arrest of an energy company official who has pled guilty to a $9 billion nuclear fraud. This week, we feature the Ohio story. Next week, it will be South Carolina’s turn.
If you were going to pull someone out of central casting to play a thuggish villain, you would choose Larry Householder. But he wouldn’t need any acting skills.
On July 21, Householder, along with four others, was arrested for his alleged involvement in what amounts to the biggest criminal racketeering conspiracy in Ohio history. Somehow it’s not a surprise that it revolved around pots of money to keep two aging and unaffordable nuclear power plants open.
While Householder may physically embody everyone’s idea of a gangster, it’s not his official profession. He is — and presumably that will soon be a “was” — the Speaker of the Ohio House of Representatives.
The scheme is laid bare in an 81-page criminal complaint. It was busted open by a year-long, detailed and covert investigation by the US Attorney’s office and the FBI, and involves the flow of $61 million of dark money directed toward activities that would ensure the passage of legislation in Ohio guaranteeing the bailout of the Davis-Besse and Perry nuclear reactors to the tune of $1.5 billion. The subsidy is being funded via a surcharge on electricity customers.
The bill, known as HB6, also slashed mandates for wind and solar energy and eliminated energy efficiency requirements. It was, as David Roberts described it on Vox just after the bill passed in July 2019, “the worst piece of legislation in the 21st century” and “the most counterproductive and corrupt piece of state energy legislation I can recall in all my time covering this stuff.”
FirstEnergy Solutions, the then owner of the plants, had threatened their closure if the subsidy was not forthcoming.
That ultimatum set in motion a breathtaking sequence of criminal activities beginning in 2018, with the $61 million slush fund first used to bankroll political elections, then to ensure sufficient votes for the July 2019 passage of HB 6, and finally the sometimes violent suppression of citizen efforts to overturn it.
Millions of dollars went into the campaign war chests of 21 political candidates, in order to stack the House with friendly votes for the subsequent nuclear bailout bill. (Only one ended up voting against it.) The money also shored up Householder’s successful bid to regain the House Speakership.
The money also went into the personal pockets of the co-conspirators, although the exact amounts and their purposes are still being investigated. As events unfold we may also learn whether votes in favor of HB6 were “bought” by Householder.
As the story is far from over, more arrests will almost certainly follow. And more news on this will continue to break. By necessity, this can only be a glimpse of the story so far.
The crimes with which Householder and four political advisors and lobbyists have been charged constitute “a shameful betrayal of public trust,” said FBI special agent, Chris Hoffman during a July 21 press conference announcing the arrests and indictment.
It was also, “likely the largest bribery money-laundering scheme ever perpetrated against the people of the state of Ohio,” said US Attorney for the Southern District of Ohio, David DeVillers at the same press conference, whose department led the investigation alongside the FBI.
But whose money was it?
The racketeering scheme that the justice department uncovered found a money trail of $61 million flowing from what they are required to call “Company A” in the indictment, into a 501(c)(4) fund named Generation Now. Generation Now has also been charged with racketeering conspiracy.
“Company A” is FirstEnergy, whose subsidiary, FirstEnergy Solutions (FES) was the then owner of the crumbling and uneconomical Davis-Besse and Perry reactors. (They are now owned by yet another spin-off, Energy Harbor).
Although FirstEnergy has been served with subpoenas, so far no one there has been named in the indictment. And while the company clearly handed out the $61 million, DeVillers said of the web of conspirators that “this enterprise went looking for someone to bribe them”.
Meanwhile, the money trail that led from FirstEnergy to Larry Householder’s pocket and others’ was deftly concealed. As DeVillers described it, the entire scheme was “created completely and utterly to hide where there donor came from and [who it] was.”
Generation Now, as a 501(c)(4), was not obliged to declare the source of its funding. If it had been, said DeVillers at the press conference, the criminal enterprise it operated could never have happened. Despite its name, DeVillers said, “make no mistake, this is Larry Householder’s 501(c)(4).”
And a Republican-led operation. Generation Now’s treasurer is D. Eric Lycan, a Lexington, KY attorney with ties to the Kentucky House Republican Leadership Caucus. In addition to the ad buys Generation Now made for FirstEnergy, it also made them for an entity called Strategic Media Placement, run by GOP operative, Rex Elass. As DeVillers told the media as he pointed to a rather simple flow chart displayed at the press conference, “the real one would have covered this whole wall.”
FBI special agent Hoffman lumped Householder and his cronies in with FBI usual suspects like “gangs, child sex trafficking and Chinese spies,” but said that “public corruption is actually the top criminal priority for the FBI.”
But it should not be the priority for the US Attorney’s office. DeVillers, a Republican and Trump appointee, could not suppress his anger as he told reporters that his district is already struggling with limited resources and “a massive overdose epidemic where you’ve got people dying of overdoses of fentanyl, people stacked up like cord wood at a coroner’s office, we’ve got violent crime sky-rocketing, we’ve got two Franklin County sheriff’s deputies shot this morning.”
And yet, he continued, “we have to take our resources away from those real victim cases and investigate and prosecute some politicians who just won’t do their damn job.”
Chinese spies were in fact part of the Generation Now misinformation campaign, a scare tactic used to derail efforts by a coalition called Ohioans Against Corporate Bailouts (OACB), which launched a petition drive to repeal HB6.
A FirstEnergy/Householder front group ran scaremongering “yellow peril” ads to deter people from signing a petition that would have reversed the nuclear bailout bill, HB6
As petitioners took to the streets, attempting to gather enough signatures to get a repeal of HB6 onto a November ballot, a smear campaign suggested that, among other things, the petition gatherers were in the payroll of Chinese government operatives who were “quietly invading our American electric grid” and that if you signed the HB6 repeal petition, the Chinese government would be capturing “your name, your address, your signature”. National security would be at risk.
Most ludicrously, the Chinese scare ad, put together by Ohioans for Energy Security (in reality a front group funded by Generation Now) suggested China, and by definition the ballot petitioners, were “taking Ohio money,” which is precisely what the Householder racket was doing.
It worked. OACB eventually ran out of time and petition gatherers, with some having been bought off with a portion of the $61 million. In October 2019, OACB withdrew the initiative, which is when HB6 effectively became law. And it still is.
That’s the worst part of the news. Householder and others may pay a fine, or even see jail time, but the people of Ohio remain in danger. Davis-Besse and Perry are two of the most seriously degraded reactors in the country and should have been shut down long ago.
If Davis-Besse suffered a serious meltdown, there could be “1,400 peak early fatalities, 73,000 peak early injuries, 10,000 peak cancer deaths, and $84 billion in property damage,” according to Beyond Nuclear’s Kevin Kamps, citing a 1982 study by the Nuclear Regulatory Commission. With populations having soared since then, today’s figures would be far higher, he pointed out.
Likewise, the Perry plant’s numbers would be well above the 5,500 acute radiation deaths, 180,000 radiation injuries, 14,000 latent cancer fatalities, and $102 billion in property damage, cited in the 1982 study, should that reactor suffer a major accident.
The $1.5 billion subsidy, says Toledo public interest attorney, Terry Lodge, “didn’t go to ensure safe nuclear plant operations for the next five years, but instead was paid to investors as dividends once the FirstEnergy bailout was over.”
However, it looks unlikely that HB6 will be undone, despite the criminal machinations behind its passage. While Howard Learner, executive director of the Chicago-based Environmental Law & Policy Center, told the Toledo Blade that the Ohio bailout “should not remain in effect if obtained through bribery or other means”, it would have to be nullified by the legislature itself, an action for which there seems little political inclination.
One reason for that reluctance could be yet one more sinister discovery. Prior to the vote on HB6, a Trump operative, Bob Paduchik had pressured “at least five members of the Ohio House of Representatives,” to vote ‘yes’ on HR6, according to Politico. “The message is that if we have these plants shut down we can’t get Trump reelected,” one senior legislative source told Politico.
As DeVillers said: “We’re not done with this case.”
How Facebook fosters climate denial
‘Everybody’s entitled to their opinion – but not their own facts’: The spread of climate denial on Facebook‘The arguments are that people can’t trust scientists, models, climate data. It’s all about building doubt and undermining public trust in climate science’, Independent Louise Boyle, New York @LouiseB_NY, 24 July 20,
An article linking climate change to Earth’s solar orbit went viral last year, racking up 4.2million views on social media and widely shared on Facebook. It was the most-engaged with climate story in 2019, according to Brandwatch.
There was just one problem. It wasn’t true.
Facebook removed the article from Natural News, a far-right conspiracy outlet with 3 million followers, after it was reported.
But the spread of misinformation on the climate crisis by groups who reject climate science continues on Facebook and other social media platforms.
While tech giants have taken steps to remove, or label as false, potentially harmful misinformation on the Covid-19 pandemic, there has been a seeming acceptance of those who spread false theories on the climate crisis.
In August, an op-ed by two members of the CO2 Coalition, a pro-fossil fuel nonprofit with close ties to the Trump administration, was published in the Washington Examiner and subsequently posted to the group’s Facebook page.
The article, which claimed climate models are inaccurate and climate change has been greatly exaggerated, was initially tagged as “false” by five scientists from independent fact-checkers Climate Feedback who said it used “cherry-picked” evidence and deemed its scientific credibility “very low”.
Facebook doesn’t check content but outsources to dozens of third-party groups. A fact-checker’s false designation pushes a story lower in News Feed and significantly reduces the number of people who see it, according to Facebook policies.
The CO2 Coalition did not take the fact-checkers’ decision lying down, branding Climate Feedback “alarmists” and writing an open letter to Facebook CEO Mark Zuckerberg. They succeeded in having the false label removed.
Andy Stone, Facebook’s policy communications director, told the New York Times last week that all opinion content on the platform, including op-eds, has been exempt from fact-checking since 2016…………
Guilty plea by former SCANA executive – who will be a valuable witness to prosecutors in South Carolina nuclear scandal
![]() Former SCANA executive pleads guilty to fraud charges tied to failed SC nuclear project, Post and Courier By Andrew Brown and Avery G. Wilks abrown@postandcourier.com; awilks@postandcourier.com, Jul 23, 2020 COLUMBIA — Federal prosecutors locked in a valuable witness Thursday who will give them insights and advantages as they continue to bring charges against the leaders of a failed $9 billion nuclear expansion project in South Carolina.
Steve Byrne, the former vice president of Cayce-based SCANA Corp., pleaded guilty in federal court to defrauding electric customers and lying about construction progress as the company tried to build two nuclear reactors at the V.C. Summer Nuclear Station in Fairfield County. The guilty plea requires Byrne, 60, to cooperate with federal prosecutors who have spent three years investigating the project’s sudden abandonment in July 2017. The construction failure cost South Carolina electric ratepayers billions of dollars in higher power bills. SCANA’s shareholders also suffered huge losses when the company’s stock value tanked. The company was ultimately sold at a bargain price to Virginia-based Dominion Energy. On Thursday, Byrne admitted to falsely telling regulators, investors and the public the project was on track in order to win rate hikes on customers and keep the venture going while failing to raise alarms about critical flaws that were dooming the expansion effort. By pleading guilty, Byrne is hoping to avoid a stiffer sentence. The fraud charges he pleaded to can still carry up to five years in prison, a $250,000 fine and three years of supervised release afterward. He could also be required to forfeit up to $1 million in pay and bonuses tied to his performance when he oversaw the V.C. Summer venture. For now, Byrne will remain out of jail. A federal magistrate released him on $25,000 bail and required Byrne, who owns a home on the Isle of Palms, to surrender his passport. He will need permission from federal parole officials to leave the state for consulting work or special occasions. U.S. Magistrate Judge Shiva Hodges said she was providing leniency because it could take years for a judge to issue Byrne’s sentence, which will come at the end of a federal investigation targeting other SCANA officials……. Byrne will have more to say as the V.C. Summer investigation progresses. SCANA’s former No. 2 official is expected to be a star witness in future trials or grand jury proceedings involving other officials who oversaw the project. |
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UK public has been misled over plans for nuclear reactors in Essex
Mersea Island Environmental Alliance 22nd July 2020, Mersea Island Environmental Alliance have been investigating discrepancies between the National Policy Statement for Bradwell in Essex and what is ‘proposed’ by CGN/EDF in their Consultation document. CGN/EDF Consultationproposal is for two reactors and in that document, they state that:
“Parts of the Project which are not likely to be influenced by the
consultation include:
station on land adjacent to the existing Bradwell power station (as a
matter of Government policy)…and…Technical details including the
proposed deployment of two reactors”.
Alliance working with The Environmental Law Foundation sought legal
opinion. This is the Barrister’s opinion having reviewed the Consultation
document: “Arguably this is highly misleading as the National Policy
Statement does not set out government policy support for a two-reactor
station, which was not assessed as part of the NPS. Consultees (the public
included) may not be aware that they are entitled to make representations
on this.
alternative option, and consultees should be made aware that they are
entitled to comment on this: see R. (Moseley) v LB Haringey [2014] UKSC 56.
Section 104(3) of the Planning Act 2008 states: “The Secretary of State
must decide the application in accordance with any relevant national policy
statement, except to the extent that one or more of subsections (4) to (8)
applies.”
process of preparing a new NPS for nuclear power). This states at paragraph
4.1.1 that Bradwell is a site “that the Government has determined are
potentially suitable for the deployment of new nuclear power stations in
England and Wales before the end of 2025”
engage in a mockery of a consultation held at the peak of the Pandemic. To
make matters worse Government are clearly aware of the CGN/EDF remit. The
public have been deliberately mislead! The site selection process for one
reactor and the NPS are being ignored both by the developer and Government.
The public are illegally excluded from comment on the two-reactor proposal.
The latter exclusion courtesy of CGN/EDF who are just the contractor! The
intriguing side to this is how despite the initial enthusiasm from my media
contacts over the developing story it hits the buffers of the editorial
desks and goes no further.
https://www.facebook.com/Stop-Nuclear-Dumping-In-Blackwater-Estuary-1473134316325437
Why the nuclear whistleblower exposing AQ Khan was ignored
The CIA’s failure to stop him in 1975 “was the first monumental error”, Robert Einhorn, who worked on nonproliferation in the Clinton and Obama administrations, told Frantz and Collins. The Americans asked the Dutch “to inform them fully but not take any action”, Lubbers recalled, laughing. He said he “found it a bit strange”, but also thought, “‘OK, it’s American business.’ We didn’t feel . . . safeguarding the world against nuclear proliferation as a Dutch responsibility.” The business of the Netherlands was business. The CIA would watch Khan for decades.
Nuclear power: Still a rip-off after all these years
But Nevada politicians, industries, and people have expended untold jillions of FTE hours fighting Yucca Mountain over more than three decades.
So Nevadans may be interested to know that the industry trying to ram that waste down our throats is at the heart of this week’s FBI arrest of the Speaker of the Ohio House of Representatives on a racketeering charge.
Recap (cribbed from the Current’s sibling, the Ohio Capital Journal): A now-bankrupt utility called FirstEnergy Solutions paid $61 million into a “dark money” PAC controlled by Ohio state Rep. Larry Householder, who then showered the money on fellow Republican legislators, who then selected Householder as House Speaker, and next thing you know Ohio lawmakers passed (and Ohio’s governor signed) a $1.2 billion bailout for FirstEnergy’s economically failing nuclear power plants.
Nevadans may like to take a perverse pride in their state as a very interesting, anything-goes sort of place where a uniquely craven politics is unusually rife with shady shenans and sweetheart deals.
To which Ohio is entitled to say, hold my beer.
I mean, sure, Ohio’s population is about four times bigger than Nevada’s. But $61 million? That’s pretty impressive.
The $1.2 billion public subsidy for a private company, on the other hand, is not particularly outlandish by Nevada standards. Nevada shelled out as much in “incentives” for Tesla, and ladled $750 million to the Raiders.
At least when Nevada elected officials recklessly steered public resources away from public services and to the private sector, it got a battery factory and Mid-Air Engine Failure Field. All Ohio got was a pair of old nuclear power plants that Ohio already had.
Leaving aside for the moment Ohio’s policy decision, ludicrous in design and corrupt in execution, to force electricity customers to rescue a power company, you may be wondering, Why would an electric utility need $1.2 billion to keep some old reactors reacting in the first place?
Glad you asked!
When nuclear power was new on the scene, which is to say about the same time charming mid-mod houses were being built east of the Strip & south of Desert Inn, it came with the promise nuclear energy would be “too cheap to meter.”
A half-dozen decades and countless cost overruns, skyrocketing maintenance expenses and public bailouts later, the financial sector won’t touch nuclear power with a 13-foot spent fuel rod assembly.
The Bush-Cheney administration was hot for nuclear power. Early in Bush’s first term, Cheney stacked a panel with nuclear industry representatives to prepare a plan to build more plants, part of of what people sometimes back then called “a nuclear renaissance.” At the time I was working for Public Citizen, writing about nuclear power (we were against it) and I will never forget one surprisingly candid phrase from the report: “economic viability for a nuclear power plant is difficult to demonstrate.”
Even then, the price per kilowatt was more expensive than coal, let alone gas. It still is, of course. And nearly 20 years later, nuclear can be almost three times as expensive as solar or wind.
Finance is only one industry that wants nothing to do with nuclear power. There’s another: Insurance.
That’s why there is U.S. law called the Price-Anderson Act. If/when a nuclear power plant has, you know, an “incident” that causes economic as well as ecological devastation, taxpayers will foot the bill, even in cases of private sector negligence or misconduct.
As businesses today clamor for protection against covid-related liability, perhaps they’ll point to the no-fault insurance model Congress pioneered in the Price-Anderson Act. If protection from liability is a good idea for nuclear power plants, why wouldn’t it be a good idea for casinos and retailers who put their employees in impossible and risky situations by failing to protect them from the rona?
About the same time Bush and Cheney were firing up their nuclear revival scheme, Nevada Gov. Kenny Guinn was disapproving the Bush administration’s official designation of Yucca Mountain as a nuclear waste dump.
“Nevada is not anti-nuclear and does not oppose nuclear power,” Guinn wrote.
To which you might ask, Why not?
The answer I always got had nothing to do with the desirability, expense or calamitous risk of nuclear power, but the politics of nuclear waste: If Nevada, including and especially its congressional delegation, were against nuclear power, it would make it all the more difficult to win support of congressional colleagues in other states in the effort to keep waste out of Nevada.
It’s a legitimate concern, one on display as recently as last year, when Trump’s plan to fund the dump were supported not only by all the Republicans in the U.S. House (except Mark Amodei), but a whole lot of Democrats, too. But in the end Nancy Pelosi backed Nevada, and Trump’s Yucca wishes fizzled.
Gregory Jazcko was a nuclear policy staffer for Harry Reid, a position where he probably had to draw distinctions between opposing Yucca Mountain, but not nuclear power, on an almost daily basis. In fact, Jazcko would later become chairman of the Nuclear Regulatory Commission, which has never been a habitat for people who oppose nuclear power.
But after leaving that job, Jazcko wrote a book describing nuclear power as “a failed technology” that “is more hazardous than it’s worth,” and “will lead to catastrophe.”
Thankfully earlier this year, Trump proclaimed to Nevada via twitter that the tiny Trump palm had gone to the orange Trump forehead so he no longer wanted to dump nuke waste in Nevada. And if he wins a second term, well, everyone knows how trustworthy and consistent the president is.
In other words, during a second term, maybe Trump will put a revived Yucca project under the direction of former Ohio House Speaker Larry Householder.
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