June 7, 2000

The Honorable George Pataki
Executive Chamber
State Capitol
Albany, New York 12224

Dear Governor Pataki:

Re: Nuclear Whistleblower Access & Assistance Program (A. 00971a and S. 07354a)

Dear Governor Pataki:

We are writing to express our strong support for legislation that would establish a whistleblower access and assistance program for employees at nuclear power plants. We commend your past support for this legislation, which you sponsored as a Senator. Today, the bill is being carried by Assemblyman Richard Brodsky (A. 00971a) and Senator Thomas Morahan (S. 07354a). In light of the structural changes that are occurring in the nuclear power industry and the agencies - i.e. Nuclear Regulatory Commission - charged with regulating the nuclear industry, the passage of this legislation is crucial in protecting safety conscious workers at nuclear power plants.

The whistleblower access and assistance program contains a number of provisions including: (1) a requirement calling for the evaluation of nuclear whistleblower protection programs proposed by nuclear power plant operators, (2) the establishment of a toll-free telephone line available to employees of nuclear power plants that will offer advice regarding employee rights and protections pursuant to state and federal laws and present opportunities for access to senior management for purposes of communicating safety-related concerns, and (3) a requirement that a preliminary evaluation of any safety concern identified by an employee be performed.

Workers at nuclear plants are commonly referred to as the “eyes and ears” for the United States Nuclear Regulatory Commission (NRC). The NRC admits that it can only oversee a small portion of the industry’s safety issues and relies heavily on nuclear plant employees to identify potential safety problems to management and, if necessary, to the NRC. A. 00971a and S. 07354 acknowledge that a key element to the safe operation of nuclear power plants is a work environment that encourages employees to come forward with any concerns they may have regarding reactor operational safety. Protection of safety conscious workers is of paramount concern, especially in light of electric utility deregulation, the infusion of market competition into the energy marketplace, and cutbacks that have been proposed for NRC’s resident safety inspector program.

The proposed reduction of NRC resident safety inspectors stationed at individual nuclear power plants (the Nine Mile Point Units 1 and 2 in conjunction with the Fitzpatrick reactor may lose 2 inspectors and the Indian Point Units 2 and 3 may lose one inspector) in conjunction with the pressures on nuclear plant operators and owners to cut costs to remain competitive with non-nuclear power generators, will place additional burdens on nuclear power plant employees. Employees working at nuclear power plants should not feel pressured or intimidated by their supervisors in airing concerns.

For the sake of public and employee health and safety it is crucial to have a nuclear whistleblower access and assistance program established immediately. We urge you to support this legislation and sign this measure into law.

Sincerely,

Kyle Rabin, Air & Energy Program Associate
Environmental Advocates
353 Hamilton Street
Albany, New York 12210

Peter Atherton
Former Safety Inspector
U.S. Nuclear Regulatory Commission

Ed Smeloff, Executive Director
Pace Law School Energy Project
78 North Broadway, E-House
White Plains, New York 10603

David Lochbaum, Nuclear Safety Engineer
Union of Concerned Scientists
1616 P Street NW Suite 310
Washington, DC 20036

Brian Flack, Staff Attorney
New York Public Interest Research Group

Robert Wages, Executive Vice President
Paper, Allied-Industrial, Chemical and Energy Workers International Union

Nathanael Greene
Natural Resources Defense Council

Wenonah Hauter, Executive Director
Public Citizen

Michael Mariotte, Executive Director
Nuclear Information & Resource Service

Debby Katz, Executive Director
Citizens Awareness Network

Lynne Bernabaey, Partner
Bernabaey and Katz Law Firm

Ann Harris
We the People
Alliance for Public Health & Safety

Anne Rabe, Executive Director
Citizens Environmental Coalition

Scott Cullen, Counsel
Standing for Truth About Radiation

Mark Jacobs, Executive Director
Westchester People’s Action Coalition

Bill Smirnow
Nuclear Free New York

Barbara Hickernell
Alliance to Close Indian Point

John Stouffer
Sierra Club-Atlantic Chapter

Pamela S. Meidell
The Atomic Mirror

Tim Judson
CNY Citizens Awareness Network

Alice Slater
Global Resource Action Center for the Environment (GRACE) Public Fund

Glenn Alcalay
National Committee for Radiation Victims

Michele Riddell
Safe Legacy

Margo Schepart
No Escape

Joe Carson
Department of Energy Nuclear Safety Inspector

Edward J. Martz, Esquire
New York, NY

Carol Denicker
Fort Salonga, NY

Barbara Anderson-Greenfield
Lake Peekskill, NY

Jack Shannon
Saratoga Springs, NY

Robert I. Rhodes
Trustee, Village of Wesley Hills