Environment & Energy
Related: About this forumSenator (Boxer) Threatens to Sue (NRC) Over Withheld Documents
NRC Chairwoman Allison Macfarlane in November denied Boxer's claims that the agency was withholding information from the lawmaker. But Boxer pushed back during a Thursday hearing, saying the commission had yet to provide all the documents she requested.
"Maybe we have to go to court, maybe we have to sue you," Boxer told Macfarlane and the four other presidentially appointed commissioners. "I will get this information even if I have to go to whistleblowers."Boxer chastised the commissioners, saying NRC officials had said "very sweetly" that they would provide all the information she requested, and then later presented a "phony legal argument" claiming they were not required to do so.
...snip...
According to the senator, the commission introduced a new policy limiting the distribution of non-public information to members of Congress last year, prompting lawmakers to overturn the policy as part of appropriations legislation approved this month.
http://www.nationaljournal.com/global-security-newswire/senator-threatens-to-sue-nuclear-agency-over-withheld-documents-20140130
It would be interesting to see what that legislation says (and whether it can hold up in court).
bananas
(27,509 posts)The nuclear industry corrupts everything it touches.
FBaggins
(26,756 posts)Macfarlane's reply is public record. She most certainly didn't say that they "would provide all the information (Boxer) requested"
http://www.nrc.gov/reading-rm/doc-collections/congress-docs/correspondence/2013/boxer-12-23-2013.pdf
http://www.nrc.gov/reading-rm/doc-collections/congress-docs/correspondence/2013/boxer-11-27-2013.pdf
The nuclear industry corrupts everything it touches.
This has little to nothing to do with the nuclear industry. It's the age-old conflict between executive authority and congressional oversight. It's easiest to spot when both parties to the debate are from the same political party. Congress has oversight authority, but that doesn't extend to getting access to anything they want for any reason... and the executive branch has autonomy and the right to protect its decision-making process, but that doesn't extend to shielding everything from the public eye.
kristopher
(29,798 posts)There is obviously a long term, serious problem with the NRC and it's independence from the industry it's supposed to be overseeing. There isn't an iota of difference between the situation in the US and the dominance over its regulators by the Japanese nuclear industry.
FBaggins
(26,756 posts)Reportedly, the Justice department reviewed their policy and said that it compared favorably to other executive agencies.
So all you have to do if find a couple executive branch divisions that have a "give any congressman whatever he asks for" policies and you've won the debate.
serious problem with the NRC and it's independence from the industry
They're also supposed to be independent of the corrupting political influence from the likes of Markey/Reid/Boxer.
But we can't have that... now can we?
Agnosticsherbet
(11,619 posts)San Onofre was a monstrous boondoggle perpetrated on the people of California. The more we know about who approved the use of substandard material, the better.
FBaggins
(26,756 posts)The Executive branch also has Constitutional Power. The two often butt heads (more often then the average observer ever realizes).
There's a difference between "oversight" and "intervention". Congress does not have intervention authority - though they often act as though they do.
Agnosticsherbet
(11,619 posts)in a nuclear power plant isn't intervention. That is oversight. Had the NRC done their job, it would not have happened. They didn't. Finding out why is oversight. If they did that at one Nuclear Power Plant, have they done it to others? That is a public safety issue that requires their oversight.
In my opinion, Congress should do a lot more real oversight. The NSA could have used a lot more. I was disturbed that the NSA was allowed to run a program passed by Congress and funded by Congress that Congress did not know, understand, or monitor with oversight. (Well, it is quite possible that the relevant members simply didn't want to know.)
Oversight, of course, is sometimes used for political purposes. Most of the investigation into Benghazi and Fast and Furious were partisan political witch hunts.
Finally, the butting of heads between the Legislative and the Executive are actually important features of our government. A Legislative branch that is jealous of its power and fights to protect it is required to keep a government that consists of three, coequal branches functioning. Since Roosevelt (and even more so Truman) there has been a erosion of Congressional power and an enhancement of the Executive. The Founding fathers were rightfully worried about an executive branch gaining too much power and becoming a tyranny.
FBaggins
(26,756 posts)When an executive branch is currently investigating something (or in deliberation on a decision, etc)... separation of power is supposed to keep political influences from tainting the decisions. This has been adjudicated in the past.
Take a parallel example that's clearer (if oversimplified). Tea party types feel that the president used the IRS in a political manner... "targeting" RW groups. Congress has oversight authority and Republicans control the House - so, like a prosecutor, the republican chairman of the relevant committee demands that the IRS turn over everything that could possibly give them something to work with to attach the president... but the executive branch is currently investigating what happened.
What ability does the IRS have to withhold "internal deliberations" or "deliberative communications" regarding how decisions were made?
The answer is "quite a bit". Particularly absent a subpoena... though in some cases even with one.
Oversight, of course, is sometimes used for political purposes. Most of the investigation into Benghazi and Fast and Furious were partisan political witch hunts.
Exactly. But it isn't just partisan influence... sometimes it's personal preferences and pet projects of a specific senator. If, for instance, the majority of the committee agreed with Boxer... they could just issue a subpoena. Why is it just her blustering?
A Legislative branch that is jealous of its power and fights to protect it is required to keep a government that consists of three, coequal branches functioning.
Yup. And the same thing goes for the executive. You should read Macfarlane's most recent response to Boxer. You're closer to agreeing with her on the principals involved than you think (certainly closer than to Boxer's)... you just agree on the specific issue that you would like the SONGS issues exposed more rapidly. That's not relevant to the principals involved.
http://www.nrc.gov/reading-rm/doc-collections/congress-docs/correspondence/2013/boxer-12-23-2013.pdf
kristopher
(29,798 posts)You've proven time and again there is no circumstance where you would admit anything reflecting poorly on that industry.
Nuclear
Industry
Industry.
You are engaged in the rote protection of an industry that is at least as corrupt and bereft of civic consciousness as the coal and petroleum industries.
FBaggins
(26,756 posts)But it sees that behind every tree, now doesn't it?
But hey... anything to avoid dealing with the actual principals involved, right?
kristopher
(29,798 posts)You've proven time and again there is no circumstance where you would admit anything reflecting poorly on that industry.
Nuclear
Industry
Industry.
You are engaged in the rote protection of an industry that is at least as corrupt and bereft of civic consciousness as the coal and petroleum industries.
Is it any wonder you routinely attempt character assassination on any critic of the corrupt industry you are here to protect?
Agnosticsherbet
(11,619 posts)to California and could have been much worse if a serious leak had occurred. You are simply wrong in your attempt to whitewash the NRC whose responsibility it was to see that the job was done right.