Editor’s note: This commentary is by Bob Stannard, a former lobbyist, who is still an author and musician. This piece first appeared in the Bennington Banner.
You know how today we’re hearing a lot about regulations and if only the federal government would drop all these silly regulations and let the free market reign that everything would be just fine?
The mantra coming from the radical Republicans these days is that we must reduce our spending (we’re reducing today, but no one’s talking much about that) and we must rid the process of unnecessary regulations (whatever that means).
The following is one example as to why industries in this country need oversight. Let’s take a look at the nuclear power industry and Entergy Nuclear specifically. Earlier this year two, volunteer anti-nuclear groups, Citizens Awareness Network and Alliance for a Green Economy, sent a petition to the Nuclear Regulatory Commission (NRC) requesting that the NRC look into Entergy’s finances to determine if this corporation was solvent enough to run its plants safely in accordance with NRC rules and regulations.
Much to everyone’s surprise the NRC accepted the petition and sent a letter to Entergy informing them that they would need to comply by turning over their books for inspection. Approximately two weeks after it became public that the NRC would be asking Entergy for financial information, Entergy announced that it would be closing the Entergy Vermont Yankee nuclear power plant. Their reason for closing was that the plant was not economically viable; something that many had suspected for quite some time and the predominant reason behind the request of the NRC to access this information.
So now Entergy wins again. The state has no say in the safety of the soon-to-be-defunct Vermont Yankee plant and Entergy need not have to demonstrate that it has the financial capacity to operate any of its plants safely, thanks to the ever acquiescent regulators at the NRC.
Of course, Entergy owns more than one plant and the NRC’s request was applicable to all of Entergy’s plants for the obvious reason: the need to know if this large corporation has the resources to operate its fleet safely.
On Nov. 14 a press release was sent out by Sens. Edward Markey, D-Mass., and Bernie Sanders, I-Vt., expressing their concerns over a recent NRC announcement.
What was the announcement? The headline on the press release read as follows: “NRC staff prevented from engaging in safety, financial oversight of Entergy’s other troubled nuclear power plants.” Really?
Remember not too long ago when the federal courts chastised the State of Vermont saying that Vermont was trying to regulate safety of Vermont Yankee (it wasn’t, but that didn’t stop the court). Remember when Entergy’s attorney, Kathleen Sullivan, argued that safety is the NRC’s responsibility; not the state’s?
Apparently, Entergy had gone to the NRC, a federal agency fully funded by the nuclear industry, and bullied them into not doing their job.
From Sens. Markey and Sanders: “… today sent a letter to the Nuclear Regulatory Commission (NRC) expressing grave concerns that the Commission’s technical staff have been directed to stop requesting financial information from Entergy or any other nuclear plant licensee whose reactors are experiencing safety problems. Traditionally, licensees must provide reasonable assurance that they have enough funding to cover the costs of operating their nuclear reactors safely. However, after Entergy officials recently contacted senior NRC officials complaining about pending oversight, NRC technical staff was prevented from requesting relevant information from Entergy they felt was needed to determine whether other Entergy merchant reactors had sufficient funds with which to operate safely. Additionally, NRC staff then was directed to refrain from requesting financial information from any licensee that is currently subjected to additional NRC oversight because of safety problems experienced at the reactors.”
So now Entergy wins again. The state has no say in the safety of the soon-to-be-defunct Vermont Yankee plant and Entergy need not have to demonstrate that it has the financial capacity to operate any of its plants safely, thanks to the ever acquiescent regulators at the NRC.
And, folks, this is exactly how corporate America wants it to be. They are happy with petty regulations as long as they can bully the regulators into not doing their job. Again, from two senators who seem to care about our safety:
“In our opinion, financial distress and the failure to maintain sufficient operating funds would be expected to signal the potential for future degradations in safety brought about by a licensee’s need to conserve funding,” write the lawmakers in the letter to NRC Chairman Allison Macfarlane. “Unplanned safety-related shut-downs — such as those experienced at Pilgrim and Palisades — would also result in lower revenues, and could contribute to a licensee’s inability to maintain sufficient operating funds. If anything, licensees that are experiencing more safety problems than others should be subjected to more financial scrutiny, not exempted from any such scrutiny whatsoever.”
Remember how all this came about. It was the actions of volunteers. It was the good work of Citizens Awareness Network and Alliance for a Green Economy, two groups who took it upon themselves, at their expense, to request the NRC do its job. It was these common people who stood up and demanded the regulatory process be enforced. Then, when threatened with the reality of the situation, Entergy fought back.
Many thanks to Entergy’s lawyer, Ms. Sullivan, for just doing her job and making the world safe for Entergy while Entergy makes the world less safe for the rest of us.
