Nuclear leaks, response tested Obama in Senate

Asked why Mr. Obama had cited it as an accomplishment while campaigning for president, the campaign noted that after the senator introduced his bill, nuclear plants started making such reports on a voluntary basis. The campaign did not directly address the question of why Mr. Obama had told Iowa voters that the legislation had passed.

Nuclear safety advocates are divided on whether Mr. Obama’s efforts yielded any lasting benefits. David A. Lochbaum of the Union of Concerned Scientists agreed that “it took the introduction of the bill in the first place to get a reaction from the industry.”

“But of course because it is all voluntary,” Mr. Lochbaum said, “who’s to say where things will be a few years from now?”

Others say that turning the whole matter over to the Nuclear Regulatory Commission, as Mr. Obama’s revised bill would have done, played into the hands of the nuclear power industry, which they say has little to fear from the regulators. Mr. Obama seemed to share those concerns when he told a New Hampshire newspaper last year that the commission “is a moribund agency that needs to be revamped and has become a captive of the industry it regulates.”

‘Lack of follow-through’
Paul Gunter, an activist based in Maryland who assisted neighbors of the Exelon plants, said he was “disappointed in Senator Obama’s lack of follow-through,” which he said weakened the original bill. “The new legislation falls short” by failing to provide for mandatory reporting, said Mr. Gunter, whose group, Beyond Nuclear, opposes nuclear energy.

The episode that prompted Mr. Obama’s legislation began on Dec. 1, 2005, when Exelon issued a news release saying it had discovered tritium, a radioactive byproduct of nuclear power, in monitoring wells at its Braidwood plant, about 60 miles southwest of Chicago. A few days later, tritium was detected in a drinking water well at a home near the plant, although the levels did not exceed federal safety standards.

At least as disturbing for local residents was the revelation that Exelon believed the tritium came from millions of gallons of water that had leaked from the plant years earlier but went unreported at the time. Under nuclear commission rules, plants are required to tell state and local authorities only about radioactive discharges that rise to the level of an emergency.

On March 1, Mr. Obama introduced a bill known as the Nuclear Release Notice Act of 2006. It stated flatly that nuclear plants “shall immediately” notify federal, state and local officials of any accidental release of radioactive material that exceeded “allowable limits for normal operation.”

To flag systematic problems, it would also have required reporting of repeated accidental leaks that fell below those limits. Illinois’ senior senator, Richard J. Durbin, a fellow Democrat, was a co-sponsor, and three other senators, including Hillary Rodham Clinton, Democrat of New York, later signed on. But Mr. Obama remained its primary champion.

In public statements, Mr. Obama dismissed the nuclear lobby’s arguments that the tritium leaks posed no health threat.

“This legislation is not about whether tritium is safe, or at what concentration or level it poses a threat,” he said. “This legislation is about ensuring that nearby residents know whether they may have been exposed to any level of radiation generated at a nuclear power plant as a result of an unplanned, accidental or unintentional incident.”

Objections from industry, regulators
Almost immediately, the nuclear power industry and federal regulators raised objections to the bill. The Nuclear Energy Institute jumped out in front by announcing its voluntary initiative for plant operators to report even small leaks. An Exelon representative told an industry newsletter, Inside N.R.C., that Exelon was “working with Senator Obama’s office to address some technical issues that will allow us to support the legislation.”

Last week, an Exelon spokesman, Craig Nesbit, said the company sought, among other things, new language to specify what types of leaks should be reported, and assurance that enforcement authority remained with the nuclear commission and not state or local governments.

“We were looking for technical clarity,” Mr. Nesbit said.

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