Fact Check, Nuclear Industry Opposed Obama Leak Bill

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http://factcheck.barackobama.com/

Fact Check on New York Times Story
February 02, 2008

RHETORIC: NYT IMPLIED THAT OBAMA'S REVISED BILL DID NOT REQUIRE IMMEDIATE NOTIFICATION OF LEAKS

NYT: "In Place Of Straightforward Reporting Requirements Was New Language Giving The Nuclear Commission Two Years To Come Up With Its Own Regulations. "In place of the straightforward reporting requirements was new language giving the nuclear commission two years to come up with its own regulations. The bill said that the commission 'shall consider'--not require--immediate public notification."


REALITY: NYT NEVER MENTIONS THAT THE REVISED BILL, LIKE THE ORIGINAL, REQUIRED NOTIFICATION OF PUBLIC LEAKS AND THAT THE ONLY CHANGE WAS THAT REQUIREMENTS WOULD BE MADE THROUGH THE REGULATORY PROCESS.

National Journal Wrote That "Obama's Bill would Require Any Leak" Exceeding NRC Accepted Levels "Be Reported To State And Local Authorities, And To The NRC Within 24 Hours." "'Obama's bill would require that any leak of radioactive materials exceeding the levels set by the Nuclear Regulatory Commission and the EPA be reported to state and local authorities, and to the NRC within 24 hours. It also would require the NRC to devise reporting requirements for such accidents within two years. Currently, private nuclear companies are not required to notify officials of any leak that is not considered a public health or safety emergency under criteria set by the NRC and EPA. In a statement, Obama said the bill would ensure 'that concerned parents and citizens won't have to rely on the federal government or an image-conscious corporation to get information.'"


REALITY: NYT NEVER MENTIONED THAT THE REVISED BILL ACTUALLY STRENGTHENED THE ORIGINAL LANGUAGE TO SPECIFY THAT "IMMEDIATE NOTIFICATION" SHOULD MEAN 24 HOURS

Revised Bill Stated, "The Commission Shall Promulgate Regulations That Require Civilian Nuclear Power Facilities...To Provide Notice Of Any Release," And Made Clear That Failure To Notify NRC Was Grounds For License Revocation. The revised version of S. 2348 read, "Not later than 2 years after the date of enactment of the Nuclear Release Notice Act of 2006, the Commission shall promulgate regulations that require civilian nuclear power facilities licensed under this section or section 104 (b) to provide notice of any release to the environment of quantities of fission products or other radioactive substances." The EPW Committee's report on the revised bill further clarified, "S. 2348 directs the Commission to promulgate regulations, within 2 years of the date of enactment, requiring nuclear plant licensees to notify the governments of the State and county in which a civilian nuclear power facility is located in the event of any release to the environment of quantities of fission products or other radioactive substances. This bill also directs NRC to consider a number of factors in developing the regulations."

Original Bill Required Plants to "Immediately Notify" Commission, State And County. The original version of S. 2348, introduced on March 1, 2006, required plants to "immediately notify" when unplanned releases occurred. "`(A) IN GENERAL- Each license issued for a utilization facility under this section or section 104 b. shall require as a condition of the license that in case of an unplanned release described in subparagraph (B), the licensee shall immediately notify the Commission, and the State and county in which the facility is located, of the release. `(B) UNPLANNED RELEASES- Subparagraph (A) applies to any unplanned release of quantities of fission products or other radioactive substances--`(i) in excess of allowable limits for normal operation established by the Commission or other applicable Federal laws or standards; and `(ii) within allowable limits for normal operation established by the Commission or other applicable Federal laws or standards but that occurs more than twice within a 2-year period originating from the same source, process, or equipment at a facility.'"



RHETORIC: NYT IMPLIED THAT THE REVISED BILL COULD ALLOW THE NRC TO DECIDE THAT EXISTING REPORTING REQUIREMENTS WERE ALREADY SUFFICIENT

NYT Implied That The Revised Bill Left Open Possibility That Revised Bill Allowed NRC To Adopt Task Force Finding That Reporting Requirements Were Already Sufficient. "


REALITY: THE REVISED BILL, LIKE ITS ORIGINAL VERSION, MANDATED NEW REPORTING REQUIREMENTS

Revised Bill Stated, "The Commission Shall Promulgate Regulations That Require Civilian Nuclear Power Facilities...To Provide Notice Of Any Release," And Made Clear That Failure To Notify NRC Was Grounds For License Revocation. The revised version of S. 2348 read, "Not later than 2 years after the date of enactment of the Nuclear Release Notice Act of 2006, the Commission shall promulgate regulations that require civilian nuclear power facilities licensed under this section or section 104 (b) to provide notice of any release to the environment of quantities of fission products or other radioactive substances." The EPW Committee's report on the revised bill further clarified, "S. 2348 directs the Commission to promulgate regulations, within 2 years of the date of enactment, requiring nuclear plant licensees to notify the governments of the State and county in which a civilian nuclear power facility is located in the event of any release to the environment of quantities of fission products or other radioactive substances. This bill also directs NRC to consider a number of factors in developing the regulations."



RHETORIC: NYT REPORTED THAT EXELON AND NUCLEAR ENERGY WERE SATISFIED WITH TH BILL AND NO LONGER OPPOSED IT

NYT: Exelon And NEI Were Satisfied With The Revised Bill And No Longer Opposed It. "In interviews last week, representatives of Exelon and the nuclear commission said they were satisfied with the revised bill. The Nuclear Energy Institute said it no longer opposed it but wanted additional changes."


REALITY: BOTH EXELON AND THE NUCLEAR ENERGY INSTITUTE DID NOT SUPPORT THE REVISED BILL AND SAID THEY BELIEVED IT WAS NOT NECESSARY

CQ: Committee Approval Of Revised Obama Bill "Came Despite Industry Assertions That Companies Nationwide Already Are Employing New Measures To Compel An Increase In Reporting, And That Congressional Action Is Unnecessary. "A bill approved Wednesday by the Senate Environment and Public Works Committee would increase the reporting of radioactive leaks to state and local officials by operators of nuclear power plants. The committee action came despite industry assertions that companies nationwide already are employing new measures to compel an increase in reporting, and that congressional action is unnecessary. The committee approved by voice vote a revised version of the bill (S 2348) that was written by Illinois Democrats Barack Obama and Richard J. Durbin. The changes include new language that would give the Nuclear Regulatory Commission two years to issue regulations governing the reporting of radioactive leaks. The bill drew support from Chairman James M. Inhofe, R-Okla...Obama rejected industry arguments that no new regulation is needed. 'That's what industry always says; they never think that any regulation is appropriate,' Obama said. 'But this is about as modest a regulatory scheme as is possible. We simply want surrounding communities to be notified when these kinds of things happen.'"

NEI Spokeswoman: "We Do Not Believe A Federal Law On This Issue Is Necessary" Because Current Regulations Suffice. "NEI spokeswoman Melanie Lyons said in a September 14 e-mail that industry does not disagree with the intent of the Obama bill. 'In fact, the industry's communication protocol already meets what we understand would be required by the legislation,' she said. However, 'we do not believe that a federal law on this issue is necessary,' because all nuclear plant releases are 'well below' NRC radiation safety limits and current regulations 'already include requirements for prompt reporting of significant releases' and annual reporting of all radioactive releases, Lyons said. Also, the industry initiative requires 'prompt notification of state and local officials and the NRC,' she said."

NEI Considered The Revised Version A "Better Bill" But Still Did Not Believe It Was "Necessary." "Jerry Slominski, senior director of legislative affairs for the Nuclear Energy Institute, said he is more accepting of the legislation that passed out of committee, which gives the NRC more flexibility in writing its reporting rules than the original bill. While Slominski said 'we do consider this a better bill,' he added, 'We don't believe this regulation is necessary. The NRC has all the legislation it needs to protect public health and safety.'"