Nuclear leaks, response tested Obama in Senate

Meanwhile, the nuclear commission told Mr. Obama’s staff that the bill would have forced the unnecessary disclosure of leaks that were not serious. “Unplanned releases below the level of an emergency present a substantially smaller risk to the public,” the agency said in a memorandum to senators, which ticked off about a half-dozen specific concerns about the bill.

Senate correspondence shows that the environment committee chairman at the time, Senator James M. Inhofe, Republican of Oklahoma who is a strong supporter of industry in battles over energy and environmental legislation, agreed with many of those points and held up the bill. Mr. Obama pushed back, at one point temporarily blocking approval of President Bush’s nominee to the nuclear commission, Dale E. Klein, who met with Mr. Obama to discuss the leaks.

But eventually, Mr. Obama agreed to rewrite the bill, and when the environment committee approved it in September 2006, he and his co-sponsors hailed it as a victory.

In interviews over the past two weeks, Obama aides insisted that the revisions did not substantively alter the bill. In fact, it was left drastically different.

Requirements removed from bill
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, and also take into account the findings of a task force it set up to study the tritium leaks.

By then, the task force had already concluded that “existing reporting requirements for abnormal spills and leaks are at a level that is risk-informed and appropriate.”

The rewritten bill also contained the new wording sought by Exelon making it clear that state and local authorities would have no regulatory oversight of nuclear power plants.

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.

The revised bill was never taken up in the full Senate, where partisan parliamentary maneuvering resulted in a number of bills being shelved before the 2006 session ended.

Still, the legislation has come in handy on the campaign trail. Last May, in response to questions about his ties to Exelon, Mr. Obama wrote a letter to a Nevada newspaper citing the bill as evidence that he stands up to powerful interests.

“When I learned that radioactive tritium had leaked out of an Exelon nuclear plant in Illinois,” he wrote, “I led an effort in the Senate to require utilities to notify the public of any unplanned release of radioactive substances.”

Last October, Mr. Obama reintroduced the bill, in its rewritten form.

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