Author: Sue Sturgis

  • INSTITUTE INDEX: Recovery by the numbers

    unemployment_insurance_rally.jpgThis week marked one year since Congress passed the American Recovery and Reinvestment Act, legislation crafted by the Obama administration to address the nation’s ongoing economic crisis. Here’s a look at the bill’s achievements and failings by the numbers. Click on the figure to go to the original source.

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    Number of jobs created by the American Recovery and Reinvestment Act to date: 1.6 million to 1.8 million

    Total number of jobs created or saved by ARRA in the 13 Southern states*: 624,000

    Estimated number of jobs ARRA will create altogether: about 2.5 million

    Percentage of working Americans who got a tax cut under ARRA: 95

    Number of transportation construction projects funded by the bill: 12,500

    Number of housing units that have been rehabbed or developed as part of federal recovery efforts: 143,422

    Jobs lost in February 2009, before ARRA passed: more than 700,000

    Jobs lost in December 2009, after ARRA passed: fewer than 200,000

    Growth in GDP in the last quarter of 2009, which Moody’s chief economist and former McCain economic advisor Mark Zandi attributed to ARRA: 5.7%

    Number of Republican lawmakers who voted against ARRA but later touted its successes: 110

    Date on which Rep. Jack Kingston (R-Ga.) railed against ARRA, shouting “Where’s the stimulus package?” on the House floor: 7/28/2009

    Date on which Kingston’s office sent out press releases bragging that he had secured hundreds of thousands of stimulus dollars for more police officers in his district: 7/28/2009

    The official unemployment rate today: 9.7%

    The true unemployment rate, including those who have quit looking for work: 17%

    Unemployment rate for black Americans: 16.2%

    Unemployment rate for individuals earning more than $150,000 a year: 3%

    Unemployment rate for those in the lowest income tier: 31%

    * AL, AR, FL, GA, KY, LA, MS, NC, SC, TN, TX, VA, WV

    (Photo from Building Trades Unemployment Insurance Rally.)

  • Taxpayers aren’t just guaranteeing loans for new Georgia nuclear reactors, they’re also doing the lending

    President Obama’s announcement this week that his administration would provide $8.3 billion in loan guarantees to the Southern Company to build two new nuclear reactors in Georgia was somewhat misleading.

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    That’s because taxpayers are not just guaranteeing the loans — they’re actually providing the loans.

    “The idea that these are just loan ‘guarantees’ is fictitious: These are actual loans,” says Michael Mariotte, executive director of the nonprofit Nuclear Information and Resource Service (NIRS). “Giant nuclear utilities will be raiding the federal treasury for money to build reactors, and they are expecting the taxpayers to bail them out if the project goes bad.”

    The Southern Company issued a press release following Obama’s announcement that said the loans for the two new reactors at Plant Vogtle are expected to be funded by the Federal Financing Bank — a little-known government corporation overseen by the U.S. Treasury Department that more typically makes loans to universities, rural electric co-ops and other small-scale projects.

    UniStar Nuclear — which is believed to be on the Department of Energy’s shortlist of possible recipients of taxpayer assistance for its Calvert Cliffs nuclear reactor project in Maryland — also said in its license application to the Nuclear Regulatory Commission that it expects the portion of debt for the project that would be guaranteed by the federal government to be financed through the FFB.

    “Use of the FFB means that the loans themselves for new reactor construction will come from taxpayers, putting taxpayers in the risky business of both providing the loans and guaranteeing to themselves that the loans will be repaid,” according to a statement from NIRS.

    Earlier this month, the President announced plans to triple the budget for taxpayer-backed loan guarantees to build new nuclear reactors from $18.5 billion to $54 billion, an amount the Department of Energy says could support seven to 10 new reactors.

    But the Obama administration seems unclear about the level of risk it’s asking taxpayers to bear for new reactor construction. As Mother Jones reports, Energy Secretary Steven Chu admitted to reporters earlier this week that he was unaware of an analysis [pdf] by the nonpartisan Congressional Budget Office that found the chance of a default on the loans for new nuclear reactors are “very high — well above 50 percent”:

    “I don’t know of the CBO report,” Chu told reporters during a conference call on Tuesday. “We don’t believe the chance of default is 50 percent. We believe it’s far less than that.”

    A DOE spokesperson later told the magazine that the 2003 CBO analysis was not “germane” to the current nuclear construction program, which the administration claims has undergone “rigorous financial analysis.”

    But the very fact that taxpayers are being asked to provide as well as guarantee loans for new reactors — including projects like the one at Vogtle involving Westinghouse’s problematic and still-unapproved AP1000 design — is evidence that the financial risks are considered too great for the power companies and private banks to bear.

    This fact was also acknowledged by U.S. Sen. Johnny Isakson (R-Ga.) on Tuesday during a visit to Dalton, Ga., in which he praised France’s socialized nuclear power industry, the Chattanooga Times Free Press reports:

    “If you go to France or most anywhere else in the world, government loan guarantees are a critical part of the financing,” Sen. Isakson said. “The loan guarantee by the government gives some predictability to attract capital for the building of those plants.”

    Based in Atlanta, the Southern Company earned $1.65 billion in profits in 2009. The construction cost of the two new reactors by its Georgia Power subsidiary at the Vogtle plant near Waynesboro, Ga. is currently estimated at $14 billion.

  • Historic judgment in North Carolina declares innocent a man imprisoned for 17 years

    greg_taylor.jpgHistory was made yesterday in North Carolina when a special panel of judges declared innocent a man who served 17 years in prison for a murder he didn’t commit.

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    Gregory Taylor became the first prisoner to be set free under a groundbreaking process created by the N.C. Innocence Inquiry Commission, a body created in 2006 by the General Assembly and charged with addressing prisoners’ credible claims of innocence. It grew out of study commission established four years earlier by then-N.C. Supreme Court Chief Justice I. Beverly Lake Jr. to address the prevention and rectification of wrongful convictions.

    Taylor, 47, was sent to prison in 1993 for the murder of Jacquetta Thomas, whose beaten body was discovered near a truck that Taylor abandoned on a Raleigh cul-de-sac after an evening of smoking crack cocaine. Though Taylor maintained his innocence all along, his efforts to appeal his conviction failed.

    Then in 2004, he wrote to Christine Mumma, director of the nonprofit N.C. Center on Actual Innocence (NCCAI), part of the national Innocence Network coordinated by the Innocence Project at the Benjamin N. Cardozo School of Law at Yeshiva University in New York. The effort involves law students in reviewing cases. It was Taylor’s case that led Mumma — a former corporate attorney turned crusading pro bono lawyer — to press the state legislature to create the Innocence Inquiry Commission.

    The commission’s hearing into Taylor’s claims that he did not kill Thomas turned up numerous problems with the prosecution, including the withholding of critical evidence by the State Bureau of Investigation and the reliance on questionable witnesses.

    At the close of the hearing yesterday at Campbell University’s law school in downtown Raleigh, a three-judge panel declared Taylor innocent. As he stepped out of the courtroom into freedom, Taylor was greeted by three other North Carolina men who have been exonerated following wrongful convictions.

    They are among the seven North Carolinians who the NCCAI has helped free in the past several years, and among the growing number of people nationwide who have been exonerated of crimes that they did not commit. Among the states with the highest number of exonerations to date are Florida, Texas and Virginia.

    Taylor is eligible for a payment from the state of $750,000, but he has the option of waiving that payment and pursuing a civil suit.

    “Sometimes I’d like to be more angry than I am,” Taylor told the Raleigh News & Observer. “It’s not a sustainable emotion. Right now, I’m just the most elated person in the world.”

    (Pool photo of Gregory Taylor by Shawn Rocco from the Innocence Project website)

  • Complaint cites health threats at Alabama dump taking TVA’s spilled coal ash

    pca_arsenic_ditch.jpgAn Alabama creekkeeper has filed a complaint with the Environmental Protection Agency citing health threats including runoff containing alarmingly high arsenic levels at a bankrupt landfill that’s taking hundreds of millions of gallons of coal ash spilled from the Tennessee Valley Authority’s Kingston coal plant.

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    The Arrowhead Landfill — owned by Perry County Associates and managed by Phill-Con Services and Phillips & Jordan — is near Uniontown, Ala., a community in rural Perry County where 88% of residents are African-American and almost half live in poverty. The landfill sits only 100 feet from some people’s front porches.

    “Why is Perry County being treated like this?” asks Hurricane Creekkeeper John Wathen, who wants the ash shipments stopped until the problems are fixed. “Are the people in Perry County any less valuable than the people of Kingston, Tenn.?”

    Last July, the EPA approved TVA’s plan to ship by train to the Perry County dump more than half of the 1 billion gallons of coal ash that spilled from TVA’s Kingston plant in eastern Tennessee’s Roane County in December 2008. EPA assured the public that the Alabama landfill “complies with all technical requirements specified by federal and state regulations,” but what Wathen has documented calls that into question.

    After months of investigating local residents’ complaints of unusual runoff and sickening smells and getting no help from state or EPA regional regulators, Wathen sent a complaint to EPA Administrator Lisa Jackson yesterday documenting serious environmental health threats at the 976-acre facility:

    * Dangerously high arsenic levels have been found in what’s described as “stinking gray/tannish waste” being pumped nightly pumping from the landfill. Tests of the leachate collected by Wathen from one of the on-site pumps indicated the presence of arsenic — a contaminant characteristic of coal ash and a known carcinogen — at 0.840mg/L. That’s more than 80 times the U.S. safe drinking water standard of 0.01 mg/L and far higher than what’s considered safe for aquatic life. Wathen took his findings to the Alabama Department of Environmental Management, but ADEM reportedly declined to investigate after the landfill manager denied the pumping claims. “No tests, no samples, no interviews of employees or nearby residents [affected],” says Wathen’s complaint, “just a simple denial by the manager was good enough to refute hundreds of photos, certified lab results, [anecdotal] stories from the community, or first hand eye witness account[s] by me.”

    * The arsenic-tainted waste runs in the landfill’s roadside ditches at levels that have exceeded safe drinking water limits. “While people do not drink from the ditch, it leads through private land where farm animals do drink from the surface water,” Wathen says. The ditches (photo above) also drain into local streams. ADEM has attributed the material in the ditches to the chalky local soils used to build the haul road, but Wathen says the agency has failed to produce any evidence to back up that claim. Perry County is not among the areas of the U.S. where dramatically elevated levels of arsenic have been found to occur naturally in groundwater due to high levels in soils.

    pca_ash_mound.jpg* An excessive amount of wet material is being dumped into the landfill, threatening the protective liner. The mixture of spilled coal ash and and other hazardous waste being dumped into the landfill is now piled about 60 feet high in places, with the wet conditions adding to the crushing weight. “The liquid levels actually stand well above the top of the liner and the high water levels seem to be consistent regardless of rain,” Wathen writes. “It is my understanding the landfill allows a maximum permissible liquid level of only 18 inches above the bottom of the liner. There looks to be at least 20 feet of water standing in existing cells.” Compounding the problem, the company that had been taking waste liquids from the landfill announced earlier this month that it would no longer accept the shipments, which it had planned to treat before sending through the Mobile public sewer system. Wathen had counted as many as 20 tanker trucks — each carrying as much as 9,000 gallons of leachate — leaving the site each day.

    pca_dumptruck.jpg* Contaminated coal ash is falling from overloaded, uncovered trucks and spilling along the road. “This means that the haul road itself is now contaminated and all storm water leaving the haul road should be treated as potentially toxic,” writes Walthen. Untreated runoff from the road now flows into nearby Tayloe Creek — and when the rain subsides and the weather dries out, the concern is that all the mud will turn into airborne dust.

    * When the train cars hauling coal ash to the landfill are washed off, the runoff is allowed to flow into Tayloe Creek’s drainage basin. While the landfill operator erected silt fences at the site recently, they were standing under several feet of sludge during Wathen’s two inspections earlier this month. And at the point where the site drains into the creek, the operator has constructed a dam of riprap, essentially using the waterway as a treatment facility — something that Wathen notes is prohibited by both EPA and Army Corps of Engineers regulations.

    “According to the agreement with EPA and TVA, no ash can be shipped to any landfill that does not meet compliance standards,” Wathen writes in the complaint. “We therefore respectfully request that EPA order a complete stopping of disaster ash to Perry County until this landfill is in complete compliance as certified by EPA national headquarters. EPA Region 4 and ADEM have failed us.”

    In the meantime, Florida attorney David Ludder has announced that he plans to sue the landfill’s operators on behalf of 155 local residents over the foul smell coming from the facility. He had previously announced plans to sue the facility’s owners, but they filed for bankruptcy last month — a move that prevents any new lawsuits from being filed against them until the bankruptcy is settled.

    (All photos by Hurricane Creekkeeper John Wathen. To see more of his photos, including aerial shots of the landfill operation provided courtesy of SouthWings, click here.)

  • New Orleans levee whistleblower sues LSU over firing

    ivor_van_heerden_quote.jpgThe former deputy director of the Louisiana State University Hurricane Center is suing the university and four former supervisors, claiming he was harassed and eventually fired from his job because he blamed the devastating post-Katrina flooding of New Orleans on shoddy work by the U.S. Army Corps of Engineers.

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    Dr. Ivor van Heerden led the comprehensive investigation into the flooding by the State of Louisiana Forensic Data Gathering Team, known as “Team Louisiana.” Van Heerden called the Army Corps’ levee design a “geotechnical engineering failure,” and his 2006 bestselling book “The Storm” attributed 80 to 90% of the flooding in New Orleans to levee design failures.

    Filed last week, the lawsuit alleges that LSU officials attempted to silence van Heerden — who did not have tenure — because they believed his findings jeopardized the school’s federal funding. And that’s not all, according to a press release from Katz, Marshall & Banks, a Washington-based firm that specializes in representing government whistleblowers:

    Later, in April 2007, shortly after the final report of Team Louisiana, Dr. van Heerden was asked to serve as an expert witness for the plaintiffs against the federal government and the U.S. Army Corps of Engineers in a lawsuit that alleged engineering design and maintenance errors at the Mississippi River Gulf Outlet (MR-GO).  As required by LSU procedure, Dr. van Heerden requested permission from the university to testify, but received no response for months. When LSU Chancellor Sean O’Keefe finally responded, he stated that “Dr. van Heerden would be fired if he testified against the Corps,” the lawsuit alleges.

    The suit charges that the defendants violated not only van Heerden’s First Amendment rights, state law and university contract but also “placed the bureaucratic interests of university officials above the health and safety of millions of people who live in the path of the hurricanes that threaten the Gulf Coast every year.”

    “Speaking the truth should not cost you your job or allow others to smear your reputation in order to protect their own interests,” said David Marshall, van Heerden’s attorney. “Dr. van Heerden seeks justice not solely for himself, but for the principles of free speech, academic freedom and the right of scientists and university faculty to speak freely without fear of retaliation.”

    Besides the LSU Board of Supervisors, the other defendants named in the suit are former Vice Chancellor for Research and Economic Development Brooks Keel, Associate Vice Chancellor for Research and Economic Development Robert Twilley, Department of Civil and Environmental Engineering Chairman George Voyiadjis and College of Engineering Dean David Constant.

    (Photo by Infrogmation via Wikimedia Commons.)  

  • Alabama sides with TVA in pollution nuisance suit

    great_smokies_haze.pngSixteen states are backing the North Carolina Attorney General in a public nuisance lawsuit against the Tennessee Valley Authority over pollution from its coal-fired power plants, but Alabama’s not one of them.

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    Alabama Attorney General Troy King (R) has joined with industrial interests to take TVA’s side in the company’s appeal of a U.S. District Court decision ordering four TVA plants — one in Alabama and three in neighboring Tennessee — to curb their air emissions, LegalNewsline.com reports:

    He called U.S. District Judge Lacy Thornburg’s decision “extraterritorial regulation.”

    “The district court’s decision is extraordinary,” King’s attorneys wrote in July.

    The case targeting emissions from the federally-overseen TVA was originally brought in 2006 by N.C. Attorney General Roy Cooper (D). North Carolina sought better pollution controls on 11 TVA plants, arguing that the emission reductions would dramatically reduce illnesses and deaths as well as damage to his state’s forests, lakes and streams.

    The states siding with Cooper in the appeal are California, Connecticut, Delaware, Illinois, Iowa, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, Oklahoma, Rhode Island and Vermont. They want the ability to bring public nuisance cases of their own, arguing that they can’t improve their states’ air quality by targeting only in-state pollution sources. To date, eight of those states are suing six power companies over pollution from coal-fired plants.

    In his original decision in the TVA case, U.S. District Court Judge Lacy Thornburg didn’t order all 11 targeted plants to take action, reasoning that seven were too far from North Carolina to significantly impact its air quality. But he did order better pollution controls at four TVA facilities: Widows Creek in northeastern Alabama as well as Bull Run near Oak Ridge, Tenn.; John Sevier near Rogersville, Tenn.; and the Kingston plant in eastern Tennessee’ s Roane County, the site of the disastrous coal ash spill in December 2008. The upgrades are expected to cost TVA tens of millions of dollars.

    TVA asked the court for extra time to deal with the pollution, calling the brisk timeline imposed by Thornburg a “manifest injustice” and a “fiscal problem,” but the judge ordered the cleanup to proceed. TVA appealed to the U.S. Court of Appeals for the Fourth Circuit based in Richmond, Va.

    Last June, Alabama filed a motion to intervene, essentially asking to be added as a party to the lawsuit with rights equal to TVA’s and North Carolina’s. The Fourth Circuit granted Alabama’s motion last July — a relatively rare move since Alabama was not part of the case before it reached the appellate level.

    TVA is also getting support from the U.S. Chamber of Commerce along with other industry organizations including the National Association of Manufacturers, the American Petroleum Institute and the American Forest & Paper Association. Another organization taking TVA’s side is the Public Nuisance Fairness Coalition, which includes industry associations representing insurers, pharmaceutical companies and paint manufacturers opposed to what they call the “growing misuse” of such lawsuits, which are increasingly being used to target environmental hazards.

    In documents submitted to the court, King argues that Cooper was acting pursuant to the N.C. Clean Smokestacks Act, a 2002 state law requiring power companies to cut their smog- and haze-forming emissions by about three-quarters over the next decade. King accuses Cooper of trying to “micromanage” an Alabama power plant, an action that would “place the burden of North Carolinians’ policy choices squarely on the shoulders of Alabamians,” according to LegalNewsline.com.

    In defending Widows Creek, King is taking the side of one of his state’s biggest polluters. Located near Stevenson, Ala., the plant currently releases over 11 million tons of carbon dioxide annually, according to Carbon Monitoring for Action. It’s also a major emitter of toxic air pollution, releasing 2.3 million pounds of toxic emissions in 2008 alone, according to the Environmental Protection Agency’s Toxics Release Inventory.

    King has gotten into trouble in the past for his cozy relationship with another of his state’s electric utilities: In 2007, the Birmingham News reported that King and a group from his church had a year earlier accepted free tickets, food and skybox seats for an Atlanta Braves baseball game from Alabama Power, a subsidiary of the Atlanta-based Southern Company. The newspaper questioned whether that was appropriate given that King is responsible for representing the utility’s customers before the Alabama Public Service Commission. He later reimbursed Alabama Power for his family’s food but denied any wrongdoing.

    In 2006, the same year he enjoyed Alabama Power’s hospitality at the baseball game, King was up for re-election. During that electoral cycle, Alabama Power donated $10,500 to his campaign, according to FollowtheMoney.org. In that same period, the company contributed a total of $465,250 to all state-level candidates in Alabama, including $15,000 to Gov. Bob Riley (R) and $10,000 to Lieutenant Gov. Jim Folsom Jr. (D).

    The Southern Company along with TVA and three other large utilities — American Electric Power of Ohio, Xcel Energy of Minnesota and Cinergy, since purchased by North Carolina-based Duke Energy — were the targets of another nuisance lawsuit filed in 2004 by eight states and New York City seeking reductions in the utilities’ carbon dioxide emissions.

    A federal District Court in New York dismissed the case in 2005 on the grounds that the claim presented a “political question” more appropriately addressed by another branch of government. But last year the 2nd Circuit Court of Appeals overturned that decision and sent the case back to the lower court for further consideration.

  • INDEX: Green jobs for whom?

    U.S. unemployment rate in January 2010: 9.7%

    Unemployment rate for Hispanics: 12.6%

    Unemployment rate for blacks: 16.5%

    Unemployment rate for black men: 17.6%

    Number of times President Obama mentioned “jobs” in his recent State of the Union address: 23

    Price tag for the American Recovery and Reinvestment Act passed by Congress last year to stimulate the economy: $787 billion

    Amount set aside in the bill to create so-called “green” jobs for disadvantaged workers: $500 million

    Number of requests granted to include tracking mechanisms measuring
    things like the race and residential ZIP codes of those getting green
    jobs or training: 0

    Percentage of the $25 billion in federal stimulus funds distributed
    directly to private transportation and defense firms that went to
    black-, Latino- or women-owned businesses as of last fall: just over 6

    Percentage of the stimulus funds such firms were getting as of January 2010: 5

    Of the total amount of stimulus funds awarded in Florida, percentage that went to minority-owned firms: 12.6

    Of the 40 Florida companies that won Recovery Act-funded business, number that responded to requests for data from researchers: 4

    Of 30 state energy efficiency bills examined by researchers, portion that targeted low-income communities or workers of color: less than 1/3

    Percentage of black women employed in green jobs: 1.5

    Percentage of Latinas: 1

    (Click on figure to go to the original source.)

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  • Progress Energy Florida sued over nuclear plant financing scheme

    Progress Energy is facing a lawsuit over its requirement that customers pay in advance for a planned new nuclear plant on Florida’ s Gulf Coast. The suit was filed on behalf of the nonprofit group Citizens for Ratepayer Rights.

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    “We tried everything to get someone to listen — the Governor, House, Senate, [Public Service Commission], Attorney General — anyone that would help stop the madness of allowing $17 billion to be collected by Progress with no requirement that any service be provided nor the nuclear plant even be built at all,” said Suzan Franks, the group’s founder. “We hope the courts will see this for what it is — a privilege and lending of the state’s taxing power to a private corporation, which is prohibited under the state Constitution.”

    First proposed by the company in 2006, the Levy County plant would include two nuclear reactors. The chosen site is close to Progress Energy’s existing Crystal River Energy Complex.

    In October 2008, the Florida PSC voted to allow Progress Energy to charge its customers an additional $11.42 per 1,000 kilowatt-hours to pay for the Levy County facility, the cost of which has been estimated at around $14 billion, plus $3 billion for needed power transmission upgrades. The state certified the site last August with the requirement that the company shut down two coal-fired units at Crystal River.

    The company is planning to install at the Levy County site two Westinghouse AP1000 reactors — the design for which still has not been approved by the U.S. Nuclear Regulatory Commission due to safety concerns. The Shaw Group’s nuclear division has the contract to build the reactors, which are supposed to be operational by around 2020.

  • Disaster contractors eye Haiti for new deals

    Haiti Rubble.jpgAfter Hurricane Katrina devastated the Gulf Coast in 2005, a politically-connected Florida company called AshBritt landed a no-bid multimillion U.S. government contract to remove debris in Mississippi.

    But rather than performing the work itself, AshBritt hired subcontractors — and then failed to pay some of them.

    The company was sued by the subcontractors for at least $9.5 million, according to “Profiting from Disaster,” a story by investigative journalist Jordan Green that appeared in the Institute for Southern Studies’ 2006 report “One Year After Katrina.”

    The U.S. government has also acknowledged problems with AshBritt’s post-Katrina performance: When the House Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina released its final report titled A Failure of Initiative [pdf] in February 2006, some five months after the disaster, only 18% of the $164 million the company had been paid up to that point by the U.S. Army Corps of Engineers had made it to Mississippi subcontractors. The company is also embroiled in a controversy over whether it overbilled a Florida school district by $765,000 for work after Hurricane Wilma in 2005, a charge the company denies.

    Those troubles haven’t stopped AshBritt from looking for work in earthquake-stricken Haiti, however.

    It turns out that AshBritt chief Randal Perkins met with Haitian President René Préval on Jan. 28 to lobby for a cleanup contract in the hard-hit Caribbean nation. We know about it because a Miami Herald reporter chronicling a day in Préval’s life also attended the meeting, reporting:

    …Perkins made a hard sell, boasting of AshBritt’s $900 million U.S. government contract to clean up after Hurricane Katrina and promising his firm would create 20,000 local jobs.

    Perkins has never been shy about lobbying. In fact, so aggressively did he lobby Florida officials for state business during hurricane season back in 2005 that the Florida transportation secretary complained about it to then-Gov. Jeb Bush (R).

    He’s also willing to bring in the big lobbying guns from outside. As we reported in “One Year After Katrina,” AshBritt’s lobbying firm at the time of that disaster was Barbour Griffith and Rogers, founded by Haley Barbour, the Republican governor of Mississippi since 2004. Its lobbyist at that firm was Joe Allbaugh, the former director of the Federal Emergency Management Agency under President George W. Bush. AshBritt’s current lobbyist is Welch Resources’ Mike Parker, a former Mississippi Republican congressman who was also a top official with the U.S. Army Corps of Engineers.

    But of course, someone like Parker would be of little help in Haiti. So Perkins is working there with Gilbert Bigio, a wealthy and influential Haitian businessman, according to the Miami Herald.

    Among the other U.S. firms also looking for contracts in Haiti are the DRC Group, a disaster recovery firm based in Mobile, Ala., and Bergeron Emergency Services, part of J.R. Bergeron’s Bergeron Land Development in Pembroke Pines, Fla.

  • Cherokees fight Duke Energy substation near sacred site in North Carolina

    kituwah_mound.jpgThe Eastern Band of Cherokee Indians is fighting an electric substation that Duke Energy plans to build near Kituwah, the site of a sacred mound near the Tuckasegee River in western North Carolina. Kituwah (in photo) is considered the Cherokee mother town, believed to have been inhabited for nearly 10,000 years and long used as a center for religious rituals.

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    A discussion of the substation project is scheduled to be on the agenda at tonight’s meeting of the Swain County Commission in Bryson City, N.C. On February 4, the Eastern Band of Cherokee Indians Tribal Council passed a resolution formally opposing the project, which will disrupt the view of the mountains surrounding the sacred site. The substation would be only about 200 yards from Kituwah.

    “The impact of construction of the substation or tie station was never open to scrutiny by any of the interested parties including the tribe, Swain County government or Swain County residents, and secondly, the impact of the substation would adversely impact the Cherokee sacred site traditionally known as Kituwah also referred to as Ferguson Field,” according to the EBCI resolution.

    Long used by white settlers as farm land, the 300-acre site was purchased by the Eastern Band of Cherokees for $3.5 million in 1996 in order to preserve the mound. About 170 feet in diameter and only about 5 feet tall, the mound was once a larger structure that served as a foundation of a building that housed the sacred flame of the Cherokee. It’s located about nine miles outside of the Eastern Cherokee reservation.

    In an e-mail sent last month to a Duke Energy official summarizing their discussion about the project, Hannah Smith, the assistant attorney general of the Cherokee reservation, explained the site’s significance and the impact of the construction:

    While I understand the need for power and know that change is by-product of progress, I explained my desire to have Duke Power mitigate as much as possible the visual impact this tower structure is going to have on the experience Cherokee people have when they visit Kituwah. I used a metaphor to describe the impact on this ancient view shed of Kituwah in hopes that it might convey a better understanding of how I (and most Cherokees) are going to be affected. I said that erecting this unattractive industrial looking “eye sore” so close in proximity to our ancient and sacred Mothertown was like putting up a power substation next door to a great Cathedral (like St. Peter’s Basilica in Rome). The Cherokee culture values the Kituwah site and what is left of its unspoiled beauty like most of the world values St. Peter’s for its iconic beauty and ancient place of worship.

    There are so few ancient Cherokee ceremonial grounds that aren’t largely spoiled by “progress” and it saddens me to know that perhaps the most important one of all, Kituwah, is falling victim to progress as well. A Cherokee sister from Oklahoma recently came to Kituwah for celebration and worship and she cried when she looked around for the first time and saw how the mountains encircled our Mothertown. She cried because it looked like what she had been seeing in her mind’s eye based on the descriptions made to her by her elders when speaking of our sacred Mothertown.

    EBCI Principal Chief Michell Hicks told the Cherokee Phoenix newspaper that the tribe has a good relationship with Duke Energy and believes a solution can be reached.

    Duke Energy’s substation is the latest in a series of threats to sacred Indian sites in the Southeast. Last year a mound near Oxford, Ala. was used as fill dirt for the construction of a Sam’s Club, and another Indian mound in the Oxford area was recently found to have disappeared during construction of a municipal sports complex.

    In the late 1990s, an Indian burial site in Nashville, Tenn. was demolished to build a Wal-Mart Supercenter, while another Indian burial site along the Cumberland River in that city was disturbed during construction of a stadium for the Tennessee Titans National Football League team. And Georgia is building a four-lane highway near the Ocmulgee National Monument, a site of great significance to the Muscogee (Creek) people.

    For more information about what’s happening at the Kituwah site in North Carolina, visit the Save Kituwah page on Facebook.

    (The Kituwah Mound is the slight rise in the center field in the photo by Brian Stansberry via Wikimedia Commons.)

  • Are utilities’ plans for shoring up hazardous coal ash dams good enough?

    kingston_spill_aerial_vert_front.jpgThe U.S. Environmental Protection Agency has released action plans submitted by 22 coal-fired power plants to improve the safety of the massive dammed surface impoundments where they store toxic coal ash, but environmental advocates question whether the plans do enough to protect the public from disaster.

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    That’s because in the absence of federal regulations treating coal ash as hazardous waste, the EPA lacks authority to strictly enforce the plans.

    The utilities submitted the plans to EPA in response to the agency’s on-site assessments of the impoundments, ordered after the catastrophic December 2008 collapse of a coal ash impoundment at the Tennessee Valley Authority’s Kingston power plant in eastern Tennessee. The agency made the plans available to the public last week.

    “EPA is committed to making communities across the country safer places to live,” said Mathy Stanislaus, assistant administrator for EPA’s Office of Solid Waste and Emergency Response. “The information we are releasing today shows that we continue to make progress in our efforts to prevent future coal ash spills.”

    The plans made public so far address recommendations for 43 impoundments at 22 plants, including 10 across the South. Altogether, the agency has identified 49 coal ash impoundments at 30 different plants as high-hazard, meaning that a failure would probably cause a loss of human life. Not all of the action plans submitted to date are for the highest-hazard facilities.

    Attorney Lisa Evans, a coal ash specialist with the environmental law firm Earthjustice, praised EPA for sharing the companies’ plans with the public. But she questioned whether these voluntary plans for shoring up the structures are adequate given the potential threat to communities.

    “Where are the administrative orders to the facilities with enforceable time lines?” asked Evans. “Unless these things are formalized, enforceable and tracked by the agency, I don’t think there’s much use to them.”

    EPA stated that if facilities “fail to take sufficient measures, EPA will take additional action, if the circumstances warrant” — but it does not specify what that action might be. Evans pointed out that unless coal ash is declared hazardous, there cannot be strict federal enforcement. And to date, the EPA has declined to designate coal ash as hazardous waste.

    “We can’t fault EPA for not issuing orders in lieu of accepting voluntary agreements, since the law is not there for them to enforce,” Evans acknowledged. “This clearly illustrates an important gap that could have life-or-death consequences.”

    Since last May, EPA has been conducting on-site assessments of coal ash impoundments and similar waste storage facilities at electric utilities nationwide. It hired contractors with expertise in dam safety to assess all of the known units with a dam hazard potential rating of “high” or “significant” as reported by the electric utilities themselves (except for those owned by the federally overseen Tennessee Valley Authority, which are being evaluated on a separate schedule).

    Evans also questioned the adequacy of the inspections, which were based on visual assessments of the sites, interviews with on-site personnel and reviews of technical reports and other documents where available. “No new core samples or really invasive and diagnostic testing was conducted,” she said.

    In some cases, the companies’ vague plans to address serious problems seem to justify concerns about EPA’s lack of enforcement authority. For example:

    * The final inspection report [pdf] for Alabama Power/Southern Co.’s Plant Gorgas in Walker County, Ala. noted “minor” seepage at one location on the dam. In response, the company said it “intends to monitor this issue and take any measure as [it] may deem necessary to ensure the continued integrity of the structure,” but it did not offer any specifics. Plant Gorgas is located on the Mulberry Branch of the Black Warrior River, which along with its tributaries is a major source of drinking water for cities including Tuscaloosa and Birmingham, Ala.

    * The final inspection report [pdf] for Duke Energy’s Allen plant in Gaston County, N.C. documented the presence of scarps — large cracks cause by erosion — near the crest of a dam as well as seepage, and recommended maintenance work to detect stability issues. In its action plan [pdf], the company said that the “scarps and seepage noted in this inspection report have been identified in previous inspections performed by independent engineering consultants” and that it “will continue to monitor these areas.” The Allen plant sits on Lake Wylie, a man-made reservoir on the Catawba River, which was named the most endangered U.S. river in 2008 by American Rivers.

    * Inspectors recommended [pdf] that the LG&E/E.ON US Trimble plant near Bedford, Ky. develop plans to establish a firm schedule for maintenance at its ash pond. But the company’s action plan [pdf] said only that it is “currently considering development” of such plans. The plant is located on the Ohio River 50 miles northeast of Louisville, Ky.

    * At Progress Energy’s Cape Fear plant in Chatham County, N.C., inspectors found [pdf] an area of ponded water at the edge of one dike and recommended improving the grading or, if the area couldn’t be fully drained, buttressing the structure. Progress Energy responded [pdf] that it needed to gain permission from an adjacent landowner to access the problem area and would make the necessary improvements “[p]roviding access is allowed.” The plant sits alongside the Haw River, a tributary of the Cape Fear.

    * Meanwhile, EPA is getting push-back on inspectors’ recommendations for the impoundments at American Electric Power’s Philip Sporn plant along the Ohio River in Mason County, W.Va. The company has indicated its willingness to conduct some stability studies, but said the recommended liquefaction tests — another assessment of stability — would not be necessary since the company has conducted generic liquefaction tests. However, EPA’s inspector for the site continues to believe liquefaction studies should be conducted for the plant’s two impoundments, which have been designated high-hazard facilities. On Nov. 13, 2009, EPA sent a letter to AEP requesting the tests, but there is no indication that the company will conduct them.

    The EPA had promised to release proposed federal regulations for coal ash by the end of 2009, but in December said that it was delaying the release “due to the complexity of the analysis.” The utility industry has been lobbying hard to keep coal ash from being designated as hazardous waste, even though the material contains potentially dangerous levels of toxins including arsenic, lead and mercury.

    To see the action plans submitted by the utilities, click here and scroll down to the documents marked “New.”

    (Photo shows the aftermath of the December 2008 coal ash impoundment failure at the TVA’s Kingston power plant in eastern Tennessee.)

  • INDEX: Nuking the taxpayers

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    Percent by which President Obama’s latest budget proposal would increase taxpayer-backed loan guarantees to build new nuclear reactors: 300

    Amount the Department of Energy under President Bush originally proposed spending on loan guarantees for nuclear reactors: $18.5 billion

    Amount the Obama administration is now proposing to spend: $54 billion

    Number of new reactors that Energy Secretary Steven Chu says that amount could support: 7 to 10

    The nonpartisan Congressional Budget Office’s estimate of the risk of default on these loans, leaving taxpayers to pick up the tab: 50%

    Potential risk exposure to taxpayers based on various proposed scenarios for new nuclear plant construction, as calculated by the Union of Concerned Scientists: $360 billion to $1.6 trillion

    Current price estimate for a new reactor: $10 billion

    Of the 4 nuclear reactor construction projects considered front-runners for loan guarantees*, number in the South: 3

    Early cost estimate for the two reactors proposed for the V.C. Summer plant in South Carolina, a joint project of SCE&G and Santee Cooper: $9.8 billion

    Current cost estimate for that project: nearly $11 billion

    Current estimated cost of the project to build two new reactors at the Southern Co./Georgia Power Plant Vogtle in Waynesboro, Ga.: $14 billion

    Year in which the Georgia legislature passed a law allowing Georgia Power to begin charging customers for the Vogtle reactors even before they were licensed: 2009

    Date on which the federal Nuclear Regulatory Commission announced that Westinghouse failed to demonstrate that the building designed to shield its AP1000 reactor — the design slated for Vogtle and Summer — was safe: 10/15/2009

    Original cost estimate for the two reactors at the South Texas Project, which involves NRG Energy, CPS Energy and Toshiba: $5.4 billion

    Adjusted cost estimate announced last fall: $13 billion

    Current cost estimate for the project: $17 billion

    Amount in damages CPS is seeking via a lawsuit that alleges NRG and Toshiba conspired to mislead its officials on the reactors’ cost: $32 billion

    Current estimated cost of the EPR reactor proposed for Calvert Cliffs in Maryland, not including financing: $10 billion

    The estimated cost of an identical reactor being considered in Pennsylvania: $13 billion to $15 billion

    During the previous nuclear push of the 1970s and 1980s, number of new plants utilities abandoned due to cost overruns: about 100

    Estimated amount taxpayers and ratepayers paid for those abandoned plants: $40 billion

    Amount ratepayers paid in today’s dollars in cost overruns for the plants that were built: over $200 billion

    Year in which Forbes magazine called the previous round of nuclear plant construction “the largest managerial disaster in business history, a disaster on a monumental scale”: 1985

    Estimated additional amount it would cost to generate electricity today from 100 new nuclear reactors instead of generating the same amount of power from a combination of energy efficiency and renewables: $1.9 trillion to $4.1 trillion

    * In the South, two new reactors are slated for V.C. Summer in South Carolina, two for Plant Vogtle in Georgia, and two at the South Texas Project near San Antonio. One reactor is also planned at Maryland’s Calvert Cliffs, a joint undertaking of Constellation Energy and the French government-owned Electricité de France.

    (Click on figure to go to the original source.)

  • North Carolina orders utilities to test groundwater near coal ash ponds

    Duke Energy’s permits to release pollution from three coal-burning power plants in the Charlotte area expire early this year, and for the first time the North Carolina Division of Water Quality will require the company to test groundwater near the facilities’ coal ash ponds.

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    The move is part of a broader effort by North Carolina to address environmental concerns in the wake of the disastrous 2008 collapse of a coal ash waste pond at the Tennessee Valley Authority’s Kingston plant in eastern Tennessee — but some are wondering whether the state’s action is too little, too late.

    NCDWQ has asked Duke Energy as well as Progress Energy — the state’s two largest electric utilities — to select sites for installing groundwater monitoring wells near the ash ponds, the Raleigh News & Observer reports. The three Duke plants whose permits are up for renewal soon are the Riverbend and Allen plants in Gaston County and the Marshall plant in Catawba County.

    The state’s policy change comes after an environmental advocacy group documented serious problems with groundwater contamination at the state’s coal ash ponds. Last fall, Appalachian Voices’ Upper Watauga Riverkeeper released an analysis of in-depth monitoring data from coal ash ponds located next to Duke and Progress Energy’s 13 coal-burning power plants across the state, finding that all of them are contaminating groundwater with toxic metals and other pollutants.

    The existing wells that provided the data were installed voluntarily by the utilities close to the ponds. The wells that the state wants installed would be located further away from the ponds.

    But Catawba Riverkeeper David Merryman called the state’s monitoring well order a “baby step” and questioned whether its placement requirements were appropriate, the Charlotte Observer reports:

    “Really we need wells on the border of the property,” he said, “and if there’s contamination they need to look outside the boundary.”

    Over at the blog of Creative Loafing, Charlotte’s alternative weekly, Rhiannon Bowman — who recently wrote a story about Merryman’s efforts to protect Charlotte’s drinking water from ash pond contamination for Charlotte magazine — greeted the North Carolina’s announcement with skepticism:

    The state has known about contaminated groundwater at these sites for quite some time. The moment they discovered the water was contaminated they should have demanded further testing, but they didn’t.

    In addition, it remains unclear what North Carolina regulators would do if the required monitoring wells confirmed groundwater contamination coming from the coal ash ponds.

  • Alabama dump taking TVA’s spilled coal ash declares bankruptcy

    arrowhead_landfill_southwings.jpgThe landfill in Perry County, Ala. that has been taking coal ash spilled from the failed waste pond at Tennessee Valley Authority’s Kingston plant has declared bankruptcy — a move that leaves a planned lawsuit to halt the dumping up in the air.

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    Arrowhead Landfill owner Perry-Uniontown Ventures I LLC, also known as Perry County Associates, filed for bankruptcy last week in Mobile, Ala., the Selma Times-Journal reports:

    In court documents filed with the bankruptcy petition, Perry-Uniontown Ventures I LLC claimed two other operations, Phillips & Jordan Inc. and Phill-Con Services have withheld money paid by the TVA for accepting coal ash at the landfill located near Uniontown.

    The complaint also asked for an accounting, indicating PUV did not know where the money paid by TVA for the disposal went.

    Perry-Uniontown Ventures I LLC claims its three largest creditors are P&J for $3.9 million, the Perry County Commission for $779,837 and the Alabama Department of Revenue for $11,000 in sales tax.

    TVA and its disposal contractor say the bankruptcy filing won’t stop ash shipments to the facility. However, the filing automatically brings a halt to a planned lawsuit aimed at stopping the dumping, since no new litigation can be brought against entities in bankruptcy proceedings.

    The coal ash is currently being shipped by rail from the spill site in eastern Tennessee’s Roane County, with more than 1 million tons received to date. The U.S. Environmental Protection Agency, which is overseeing the disposal, expects 3 million of the 5 million cubic yards of ash spilled from the TVA plant to end up at the Perry County dump. The deal was among the reasons cited by environmental justice advocates calling for an investigation into the EPA’s treatment of black communities in the South.

    Some residents of Perry County — a majority African-American Black Belt community where more than 30% of residents live below the poverty line — were planning to file a federal lawsuit against the facility.

    David A. Ludder, an environmental attorney in Florida who has been working with about 150 Perry County residents, submitted notices of intent to sue to the landfill’s owners in December. The notices allege violations of the federal Solid Waste Disposal Act and the Clean Air Act, the Perry County Herald reports. Ludder said he’s now examining their options.

    Among those who have accused the landfill of not operating safely is Hurricane Creekkeeper John Wathen, who says he’s discovered the operators dumping liquid waste into ditches along the road in front of people’s homes, the Locust Fork News-Journal reports. Nearby residents — some who live literally a stone’s throw from the dump — have also complained of foul odors.

    Proponents of the dumping plan have argued that it would bring jobs to the area as well as a much-needed economic boost to the impoverished county’s coffers. Under the dumping deal, Perry County is supposed to get $1.05 for each ton of ash delivered.

    UPDATE 2/4/2010: In the latest news on the bankruptcy filing, the Tuscaloosa News reports that no money was in fact withheld from Perry County. Jeffery J. Hartley, the attorney who represents the companies that own the landfill and hold the permits, told the paper that the bankruptcy filings would be amended to reflect that.

    (Photo of Arrowhead Landfill by John Wathen/SouthWings.)

  • Obama’s nuclear generation gap?

    nuclear_evolution.jpgDuring the energy portion of his first State of the Union address last week, President Obama called for “building a new generation of safe, clean nuclear power plants in this country.”

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    That raises a question: Exactly what generation of nuclear power is Obama talking about — and what makes it an improvement over the generation we now have, with its high cost and threats to public health and the environment?

    The commercial nuclear power plants operating in the United States today are what are known as Generation II reactors. Built through the 1990s, they include the design types known as Pressurized Water Reactors, which comprise the majority of all U.S. nuclear plants, as well as Boiling Water Reactors, the other type used by the U.S. power industry. Both of them are what are known as “Light Water Reactors,” which means they use ordinary water to cool the reactor.

    Before the reactors of today came those of Generation I, the first commercial nuclear power plants in the U.S. Among them are Shippingport near Pittsburgh, which operated from 1957 to 1982; Fermi on the shore of Lake Erie about 30 miles from Detroit, which began operating in 1957 and closed in 1972, six years after experiencing a partial fuel meltdown; and Dresden Unit 1 at Exelon’s existing nuclear plant near Morris, Ill., which went active in 1960 and retired in 1978.

    The so-called Generation III reactors have designs similar to their Gen II predecessors but have incorporated some improvements, like more advanced safety systems. These models include GE’s Advanced Boiling Water Reactor, the design selected for the planned expansion of the South Texas Project on the Colorado River 90 miles southwest of Houston, and Mitsubishi’s Advanced Pressurized Water Reactor, two units of which are planned for Luminant’s Comanche Peak plant 60 miles southwest of Dallas. There are also what are known as the Generation III+ reactors; these include Westinghouse’s AP1000 reactor, 13 of which are slated for plants across the Southeast. However, the AP1000 still has not received Nuclear Regulatory Commission approval due to serious design flaws.

    And then there are the Generation IV reactors. At the moment, these designs are largely theoretical and aren’t expected to be available for commercial construction for at least another decade. They include so-called fast reactors, which require richer fuel and are cooled by substances other than regular water, such as liquid sodium.

    One of the loudest cheerleaders for Generation IV nuclear power plants — particularly the fast reactors — has been James Hansen, director of NASA Goddard Institute of Space Studies and an outspoken advocate for addressing manmade global warming. In a recent interview posted at the Big Think website, Hansen makes the case for Gen IV nuclear as a necessary piece of a warming world’s energy future:

    And there’s also the possibility for fourth-generation nuclear power. That’s a technology which allows you to burn all of the nuclear fuel. Presently, nuclear power plants burn less than 1% of the energy in the nuclear fuel. Fourth-generation nuclear power allows the neutrons to move faster, so it can burn all of the fuel. Furthermore, it can burn nuclear waste, so it can solve the nuclear waste problem. And the United States is still the technology leader in fourth-generation nuclear power. In 1994, Argonne National Laboratory, now called Idaho National Laboratory, was ready to build a fourth-generation nuclear power plant, but the Clinton-Gore administration canceled that research because of the antinuclear sentiments in the Democratic Party. Well, we still have the best expertise in that technology, and we should develop it because it’s something we could also sell to China and India, because they’re going to need nuclear power. They are not going to be able to get all of their energy from the sun and from the wind.

    However, not everyone is as keen on Gen IV nuclear as Hansen. Amory Lovins, a leading sustainable energy expert with the Rocky Mountain Institute in Colorado, argues that there is no economic, environmental or security rationale for the kinds of Gen IV reactors most often promoted, including fast reactors. In a recent analysis titled “‘New’ Nuclear Reactors, Same Old Story,” Lovins points out that these reactors are touted for their ability to burn plutonium, a radioactive waste product created in currently operating nuclear power plants. However, that would require plutonium reprocessing facilities, which creates a whole other bunch of thorny problems:

    Reprocessing of any kind makes waste management more difficult and complex, increases the volume and diversity of waste streams, increases by several- to manyfold the cost of nuclear fueling, and separates bomb-usable material that can’t be adequately measured or protected. Mainly for this last reason, all U.S. Presidents since Gerald Ford in 1976 (except G.W. Bush in 2006-08) discouraged it.

    Lovins also challenges Hansen’s claim that fast reactors “can solve the nuclear waste problem” by burning the waste:

    [Fast reactors] are often claimed to “burn up nuclear waste” and make its “time of concern … less than 500 years” rather than 10,000-100,000 years or more. That’s wrong: most of the radioactivity comes from fission products, including very long-lived isotopes like iodine-129 and technicium-99, and their mix is broadly similar in any nuclear fuel cycle. [Fast reactors’] wastes may contain less transuranics [that is, radioactive elements with atomic numbers greater than uranium], but at prohibitive cost and with worse occupational exposures, routine releases, accident and terrorism risks, proliferation, and disposal needs for intermediate- and low-level wastes. It’s simply a dishonest fantasy to claim that such hypothetical and uneconomic ways to recover energy or other value from spent [Light Water Reactor] fuel mean “There is no such thing as nuclear waste.” Of course, the nuclear industry wishes this were true.”

    But with U.S. efforts to address climate change hampered in part by powerful corporate interests’ stranglehold over the legislative process, at least one longtime anti-nuclear group has said it’s willing to discuss Gen IV nuclear as part of the potential solution to man-made global warming.

    Last week, the N.C. Waste Awareness and Reduction Network wrote to Hansen in advance of his Feb. 1 speech at UNC-Chapel Hill. In the letter, Executive Director Jim Warren said his group’s respect for the scientist — along with the severity of the accelerating climate crisis — meant it was “willing to be persuaded” on fourth-generation nuclear power technology.

    While noting its opposition to Gen II and III plants as well as the problems with Gen IV fast reactors and associated nuclear waste reprocessing, N.C. WARN has called for a “vigorous and honest debate” … that “could help determine whether and where it might be necessary to pursue new nuclear — or put all available resources behind clean, efficient energy.”

    But the question remains: Is this Gen IV technology — with all its promise and perils — what President Obama was talking about in his State of the Union address when he referred to a “new generation” of nuclear power?

    It appears that the answer is no, given that Obama’s proposed Fiscal Year 2011 Department of Energy budget being unveiled today will reportedly triple the taxpayer loan guarantee program for new reactor construction to $54 billion. That program is providing financing for building Generation III reactors — not the Gen IV variety promoted by Hansen.

    Obama’s decision to promote the continued building of old-school nuclear reactors — which as a candidate he said he did not embrace because of safety concerns and the need for huge taxpayer subsidies — is especially perplexing given that his administration has canceled plans to store radioactive waste in the Yucca Mountain repository in Nevada.

    That raises another question: What does the president plan to do with all that radioactive waste that’s currently piling up at nuclear power plants nationwide? To date, Obama still has not offered the American people an answer.

    (Graphic from the Gen IV International Forum website.)

  • A monument to courage at the Greensboro five and dime

    icrcm_exterior.jpgIt was 50 years ago today that Ezell Blair Jr., Franklin McCain, Joseph Alfred McNeil and David Richmond — four freshmen at Agricultural and Technical College, a historically black school in Greensboro, N.C. — defied Jim Crow segregation by sitting at a whites-only Woolworth lunch counter in that Southern city and asking to be served.

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    Refused service and abused by white customers, the students still kept coming back, joined by others, day after day. Their nonviolent act of courage was inspired by others before it and inspired others like it, bringing momentum to a movement that would transform America. Within two months, sit-ins were taking place in 54
    cities in nine states. Within six months, the Woolworth
    lunch counter in Greensboro was desegregated.

    Today that same building on Greensboro’s Elm Street will host the grand opening of the International Civil Rights Center and Museum, a 30,000-foot archive, museum and teaching center devoted to the international struggle for civil and human rights. The museum’s opening is the culmination of an effort that began in 1993, when local Guilford County Commissioner Melvin “Skip” Alston and Greensboro City Councilman Earl Jones established the nonprofit Sit-In Movement Inc. to raise funds to keep the historic Woolworth, since closed, from being turned into a parking lot.

    Over the years the project’s cost grew into the tens of millions of dollars: At one point a stream was found flowing through the building’s foundation, necessitating extensive work. Voters in Greensboro — a city with a contentious racial past and present — twice voted down bond referenda to provide public financing for the project. But the museum ultimately did find financial support from the city, as well as from North Carolina, Guilford County, the National Park Service and the Bryan Foundation.

    The gala program to celebrate the museum’s opening planned for this past Saturday was postponed to Feb. 13 due to heavy snow, which also resulted in the cancellation of Sunday’s Celebration of Unity Service. But the museum’s grand opening is scheduled to go today on as planned, with original sit-in participant McCain among the speakers. The museum’s exhibits aim to help visitors who never experienced legal segregation better understand what Jim Crow looked like, and to educate the public about the movement that toppled it.

    “To see those four young men sitting down at that lunch counter on those stools at Woolworth was a source of inspiration,” says former civil rights leader and Congressman John Lewis (D-Ga.) in this public service announcement for the museum:

    (Photos from the website of the International Civil Rights Center and Museum.)

  • Enviros take action to counter the might of the coal ash lobby

    Today is the National Day of Action on Coal Ash, an effort by environmental advocates and concerned citizens to urge the Environmental Protection Agency to release its promised rule regulating disposal of the toxic byproduct of burning coal for electricity — and to classify the stuff as hazardous waste.

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    The effort comes the day after revelations from the watchdog group Public Employees for Environmental Responsibility that EPA has for years allowed coal ash industry representatives to edit official government reports, brochures and fact sheets about coal ash to remove references to potential dangers and to emphasize alleged benefits.

    “For most of the past decade, it appears that every EPA publication on the subject was ghostwritten by the American Coal Ash Association,” says PEER Executive Director Jeff Ruch, who examined thousands of communications between the industry and EPA. “In this partnership it is clear that industry is EPA’s senior partner.”

    During the Bush administration, EPA entered into a formal partnership with the coal industry — especially the ACAA — to promote the use of coal ash for industrial, agricultural and consumer products. The deal helped develop a multi-billion industry that is now fighting efforts to regulate the coal combustion byproducts — which contain dangerous levels of heavy metals and other toxins — as hazardous waste.

    The documents obtained by PEER under the Freedom of Information Act show how the industry was able to make a number of changes. They included removing cautionary language from an EPA brochure about applying coal ash on agricultural lands and replacing it with what the industry called “exclamation point ! language” “re-affirming the environmental benefits.”

    The industry also got EPA to alter official fact sheets and Power Point presentations to delete references to certain potential “high risk” uses of coal combustion waste, and it lobbied to insert language about the need for “industry and EPA [to] work together” to weaken or block “state regulations [that] are hindering” expanded use of the waste.

    In addition, EPA staff gave the industry advance notice about conference calls and other agency deliberations, including discussions about growing concerns over the leaching of arsenic from the coal ash. PEER notes that the working relationship between the EPA and the industry is so close that an industry insider joked to EPA staff in an October 2008 e-mail about a news article about mercury contamination from coal ash, writing:

    “We are in bed with the EPA again, it looks, at least according to this article. The advocacy groups are well organized and have the ready ear of the press.”

    In an effort to counter the industry’s lobbying efforts against more stringent regulation of coal ash, environmental advocacy groups have organized today’s action. They’re calling on concerned citizens to contact President Obama and tell him the EPA should treat coal ash as hazardous waste, and to ensure that residents of communities impacted by coal ash disposal get to have a say in how the material should be handled.

    For more information about the National Day of Action on Coal Ash, click here.

  • “Against Discouragement”: Remembering Howard Zinn

    howard_zinn.jpgHoward Zinn, the noted American historian and professor emeritus in the political science department at Boston University, died yesterday in California. He was 87.

    The child of Jewish immigrants in Brooklyn and a veteran of World War Two, Zinn went on to become an activist in the people’s movements for civil rights, civil liberties and peace, and he wrote extensively about all of those subjects.

    In 1956, Zinn was appointed chairman of the department of history and social sciences at Spelman College in Atlanta, a historically black women’s school. There he participated in the civil rights movement and lobbied to get the Southern Historical Association to stop holding its meetings at segregated hotels.

    Although Zinn was a tenured professor, he was dismissed from Spelman in June of 1963 after siding with students agitating to change the school’s traditional emphasis on turning out “young ladies” rather than fighters for black freedom.

    Five years ago, Spelman invited Zinn to return to campus and deliver the commencement address. The following is the text of that speech, given on May 15, 2005.

    Against Discouragement

    I am deeply honored to be invited back to Spelman after forty-two years. I would like to thank the faculty and trustees who voted to invite me, and especially your president, Dr. Beverly Tatum. And it is a special privilege to be here with Diahann Carroll and Virginia Davis Floyd.

    But this is your day — the students graduating today. It’s a happy day for you and your families. I know you have your own hopes for the future, so it may be a little presumptuous for me to tell you what hopes I have for you, but they are exactly the same ones that I have for my grandchildren.

    My first hope is that you will not be too discouraged by the way the world looks at this moment. It is easy to be discouraged, because our nation is at war — still another war, war after war — and our government seems determined to expand its empire even if it costs the lives of tens of thousands of human beings. There is poverty in this country, and homelessness, and people without health care, and crowded classrooms, but our government, which has trillions of dollars to spend, is spending its wealth on war. There are a billion people in Africa, Asia, Latin America, and the Middle East who need clean water and medicine to deal with malaria and tuberculosis and AIDS, but our government, which has thousands of nuclear weapons, is experimenting with even more deadly nuclear weapons. Yes, it is easy to be discouraged by all that.

    But let me tell you why, in spite of what I have just described, you must not be discouraged.

    I want to remind you that, fifty years ago, racial segregation here in the South was entrenched as tightly as was apartheid in South Africa. The national government, even with liberal presidents like Kennedy and Johnson in office, was looking the other way while Black people were beaten and killed and denied the opportunity to vote. So Black people in the South decided they had to do something by themselves. They boycotted and sat in and picketed and demonstrated, and were beaten and jailed, and some were killed, but their cries for freedom were soon heard all over the nation and around the world, and the President and Congress finally did what they had previously failed to do — enforce the 14th and 15th Amendments to the Constitution. Many people had said: The South will never change. But it did change. It changed because ordinary people organized and took risks and challenged the system and would not give up. That’s when democracy came alive.

    I want to remind you also that when the war in Vietnam was going on, and young Americans were dying and coming home paralyzed, and our government was bombing the villages of Vietnam — bombing schools and hospitals and killing ordinary people in huge numbers — it looked hopeless to try to stop the war. But just as in the Southern movement, people began to protest and soon it caught on. It was a national movement. Soldiers were coming back and denouncing the war, and young people were refusing to join the military, and the war had to end.

    The lesson of that history is that you must not despair, that if you are right, and you persist, things will change. The government may try to deceive the people, and the newspapers and television may do the same, but the truth has a way of coming out. The truth has a power greater than a hundred lies. I know you have practical things to do — to get jobs and get married and have children. You may become prosperous and be considered a success in the way our society defines success, by wealth and standing and prestige. But that is not enough for a good life.

    Remember Tolstoy’s story, “The Death of Ivan Illych.” A man on his deathbed reflects on his life, how he has done everything right, obeyed the rules, become a judge, married, had children, and is looked upon as a success. Yet, in his last hours, he wonders why he feels a failure. After becoming a famous novelist, Tolstoy himself had decided that this was not enough, that he must speak out against the treatment of the Russian peasants, that he must write against war and militarism.

    My hope is that whatever you do to make a good life for yourself — whether you become a teacher, or social worker, or business person, or lawyer, or poet, or scientist — you will devote part of your life to making this a better world for your children, for all children. My hope is that your generation will demand an end to war, that your generation will do something that has not yet been done in history and wipe out the national boundaries that separate us from other human beings on this earth.

    Recently I saw a photo on the front page of the New York Times which I cannot get out of my mind. It showed ordinary Americans sitting on chairs on the southern border of Arizona, facing Mexico. They were holding guns and they were looking for Mexicans who might be trying to cross the border into the United States. This was horrifying to me — the realization that, in this twenty-first century of what we call “civilization,” we have carved up what we claim is one world into two hundred artificially created entities we call “nations” and are ready to kill anyone who crosses a boundary.

    Is not nationalism — that devotion to a flag, an anthem, a boundary, so fierce it leads to murder — one of the great evils of our time, along with racism, along with religious hatred? These ways of thinking, cultivated, nurtured, indoctrinated from childhood on, have been useful to those in power, deadly for those out of power.

    Here in the United States, we are brought up to believe that our nation is different from others, an exception in the world, uniquely moral; that we expand into other lands in order to bring civilization, liberty, democracy. But if you know some history you know that’s not true. If you know some history, you know we massacred Indians on this continent, invaded Mexico, sent armies into Cuba, and the Philippines. We killed huge numbers of people, and we did not bring them democracy or liberty. We did not go into Vietnam to bring democracy; we did not invade Panama to stop the drug trade; we did not invade Afghanistan and Iraq to stop terrorism. Our aims were the aims of all the other empires of world history — more profit for corporations, more power for politicians.

    The poets and artists among us seem to have a clearer understanding of the disease of nationalism. Perhaps the Black poets especially are less enthralled with the virtues of American “liberty” and “democracy,” their people having enjoyed so little of it. The great African-American poet Langston Hughes addressed his country as follows:

          You really haven’t been a virgin for so long.
          It’s ludicrous to keep up the pretext.

          You’ve slept with all the big powers
          In military uniforms,
          And you’ve taken the sweet life
          Of all the little brown fellows.

          Being one of the world’s big vampires,
          Why don’t you come on out and say so
          Like Japan, and England, and France,
          And all the other nymphomaniacs of power.

    I am a veteran of the Second World War. That was considered a “good war,” but I have come to the conclusion that war solves no fundamental problems and only leads to more wars. War poisons the minds of soldiers, leads them to kill and torture, and poisons the soul of the nation.

    My hope is that your generation will demand that your children be brought up in a world without war. It we want a world in which the people of all countries are brothers and sisters, if the children all over the world are considered as our children, then war — in which children are always the greatest casualties — cannot be accepted as a way of solving problems.

    I was on the faculty of Spelman College for seven years, from 1956 to 1963. It was a heartwarming time, because the friends we made in those years have remained our friends all these years. My wife Roslyn and I and our two children lived on campus. Sometimes when we went into town, white people would ask: How is it to be living in the Black community? It was hard to explain. But we knew this — that in downtown Atlanta, we felt as if we were in alien territory, and when we came back to the Spelman campus, we felt that we were at home.

    Those years at Spelman were the most exciting of my life, the most educational certainly. I learned more from my students than they learned from me. Those were the years of the great movement in the South against racial segregation, and I became involved in that in Atlanta, in Albany, Georgia, in Selma, Alabama, in Hattiesburg, Mississippi, and Greenwood and Itta Bena and Jackson.

    I learned something about democracy: that it does not come from the government, from on high, it comes from people getting together and struggling for justice. I learned about race. I learned something that any intelligent person realizes at a certain point — that race is a manufactured thing, an artificial thing, and while race does matter (as Cornel West has written), it only matters because certain people want it to matter, just as nationalism is something artificial. I learned that what really matters is that all of us — of whatever so-called race and so-called nationality — are human beings and should cherish one another.

    I was lucky to be at Spelman at a time when I could watch a marvelous transformation in my students, who were so polite, so quiet, and then suddenly they were leaving the campus and going into town, and sitting in, and being arrested, and then coming out of jail full of fire and rebellion. You can read all about that in Harry Lefever’s book Undaunted By The Fight: Spelman College and the Civil Rights Movement, 1957-1967.

    One day Marian Wright (now Marian Wright Edelman), who was my student at Spelman, and was one of the first arrested in the Atlanta sit-ins, came to our house on campus to show us a petition she was about to put on the bulletin board of her dormitory. The heading on the petition epitomized the transformation taking place at Spelman College. Marian had written on top of the petition: “Young Ladies Who Can Picket, Please Sign Below.”

    My hope is that you will not be content just to be successful in the way that our society measures success; that you will not obey the rules, when the rules are unjust; that you will act out the courage that I know is in you. There are wonderful people, Black and white, who are models. I don’t mean African-Americans like Condoleezza Rice, or Colin Powell, or Clarence Thomas, who have become servants of the rich and powerful. I mean W.E.B. DuBois and Martin Luther King and Malcolm X and Marian Wright Edelman, and James Baldwin and Josephine Baker and good white folk, too, who defied the Establishment to work for peace and justice.

    Another of my students at Spelman, Alice Walker, who, like Marian, has remained our friend all these years, came from a tenant farmer’s family in Eatonton, Georgia, and became a famous writer. In one of her first published poems, she wrote:

          It is true —
          I’ve always loved
          the daring
             ones
          Like the Black young
          man
          Who tried
          to crash
          All barriers
          at once,
             wanted to swim
          At a white
          beach (in Alabama)
          Nude.

    I am not suggesting you go that far, but you can help to break down barriers, of race certainly, but also of nationalism; that you do what you can — you don’t have to do something heroic, just something, to join with millions of others who will just do something, because all of those somethings, at certain points in history, come together, and make the world better.

    That marvelous African-American writer Zora Neale Hurston, who wouldn’t do what white people wanted her to do, who wouldn’t do what Black people wanted her to do, who insisted on being herself, said that her mother advised her: Leap for the sun — you may not reach it, but at least you will get off the ground.

    By being here today, you are already standing on your toes, ready to leap. My hope for you is a good life.

    (Photo of Howard Zinn from www.howardzinn.org.)

  • N.C. nuclear plant gets deal on meltdown-era Three Mile Island generator

    tmi_image_cdc.jpgThe generator from the unit at Pennsylvania’s Three Mile Island nuclear power plant that suffered a meltdown in March 1979 has found a new home at a nuclear plant in North Carolina — a move that’s sparking concerns among nuclear industry watchdogs.

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    FirstEnergy, the Ohio-based company that owns TMI (pictured right), sold the Unit 2 generator to Siemens Power Generation, a division of the German conglomerate Siemens AG. Siemens in turn sold it to North Carolina-based Progress Energy, which plans to install the equipment at its Shearon Harris nuclear plant near Raleigh, N.C. to boost power capacity. Progress is selling the generator that’s currently at the plant to Siemens for resale to the nuclear industry.

    While the equipment from TMI reportedly is not contaminated with radioactivity — it was on the non-nuclear side of the plant and isolated by block valves during the disaster — the move is causing other worries.

    For one thing, nuclear watchdogs in North Carolina have concerns about the purchase of aged equipment from the site of a huge industrial accident. A Progress Energy spokesperson told the Raleigh News & Observer that used parts for power plants, while hard to come by, are less costly.

    “Harris’ history is replete with examples of [cost-cutting] that have raised risk to the public,” says Jim Warren, executive director of the Durham-based N.C. Waste Awareness and Reduction Network.

    Those examples include failing to install fire-safety equipment that meets Nuclear Regulatory Commission requirements, employing a private security firm that encouraged armed guards to cheat on certification tests in order to keep from losing trained workers, and tolerating malfunctioning equipment in vital parts of the facility rather than conducting necessary maintenance.

    Also raising concerns about the use of discount components in nuclear power plants are Joy Thompson and David Bear, health physics specialists hired to monitor radiation at TMI in the wake of the 1979 meltdown. The story about what they witnessed there — and how it differs from the official account of the disaster — was featured in Facing South’s 2009 special TMI investigation.

    They note that the reactor core at TMI-2 was itself a component bought on discount. General Public Utilities Corp., TMI’s New Jersey-based builder, got what Thompson describes as a “heckuva deal” on it from Kerr-McGee, an Oklahoma-based company since acquired by Houston-based Anadarko Petroleum.

    The TMI-2 core was originally made for another nuclear power plant, but that facility rejected it because of problems with the fuel-rod cladding welds, Thompson and Bear point out. That core eventually wound up at TMI, where they note that it was causing elevated radiation releases even before the meltdown began in March 1979.

    “Buying up bargain-basement components sure didn’t work out well for the generator’s original home base,” Thompson observes.

    In Pennsylvania, meanwhile, the group Three Mile Island Alert (TMIA) has issues with where the money from the Unit 2 generator sale will go.

    “We will be working with the [Office of Consumer Advocate] to make sure proceeds from the fire sale are returned to the rate payer or placed in the decommissioning [fund], which is grossly underfunded,” says TMIA Executive Director Eric Epstein.

    A 1995 ruling by the Pennsylvania Supreme Court allowed GPU — since bought by FirstEnergy — to charge rate payers for the TMI-2 disaster. Those same rate payers had already shelled out $700 million to build the unit, which was on line for only 90 days — just 1/120th of its planned operating lifetime — when the meltdown began. The rate payers have also footed a $1 billion bill to de-fuel Unit 2.

    The generator’s rotor and stator are scheduled to be sent to North Carolina in two separate shipments. The rotor, which weighs about 170 tons, will be shipped out next month, followed by the 460-ton stator in March.

    (Photo of Three Mile Island nuclear power plant, with Unit 2 on the right, from the Centers for Disease Control and Prevention via Wikipedia.)

  • Radioactive racism at Tennessee nuclear waste processing company

    un_radiation_symbol.jpgA radioactive waste processing company in Memphis, Tenn. recently agreed to pay $650,000 to settle a race discrimination lawsuit charging it with exposing African-American workers to higher radiation levels than white workers.

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    The legal action was brought by the U.S. Equal Employment Opportunity Commission against RACE, which stands for Radiological Assistance, Consulting and Engineering. The company, which processes radioactive waste from hospitals, laboratories and nuclear power plants, was purchased [pdf] in 2006 by the Swedish waste processor Studsvik, which points out that alleged incidents occurred prior to the sale.

    “Some of the discrimination alleged in this case is unusually extreme because of the physical danger it created for African American employees,” said EEOC Acting Chair Stuart J. Ishimaru. “It is deeply disturbing that this kind of race-based discrimination could be inflicted upon innocent workers.”

    Carson Owen, a senior EEOC trial attorney, told the Memphis Commercial Appeal newspaper that the health risk to the employees made the case the most serious he has seen in his 30 years with the agency. 

    According to the EEOC lawsuit, white managers at RACE subjected African-American employees to excessive radiation exposure — more than their white co-workers. The company allegedly assigned black workers to the shop with radioactive waste while white employees worked elsewhere, and it manipulated the dosimeters that measure radiation exposure to mask the actual levels that black workers received.

    Courtney Britton, the lead worker in the shop, and other African-American employees were also subjected to racist comments by white supervisors. The complaint said that Britton’s boss referred to him and other black employees with the N-word and other derogatory slurs such as “boy.” When he finally complained about the racial harassment, Britton was suspended for 15 days and then laid off.

    “Mr. Britton and other African-American employees endured the abuse because they needed to work to support their families,” said Attorney Faye Williams of the EEOC’s Memphis district, which covers Tennessee, Arkansas and northern Mississippi.

    Besides providing for the payment of $650,000 to 23 African-American employees, the three-year consent decree issued in the case also prohibits Studsvik from discriminating against or assigning employees based on their race and from retaliating against workers who assert their rights. In addition, Studsvik agreed to adopt an anti-discrimination policy and provide mandatory training about the policy to employees.