All posts by witchcat

Financial Democracy is Needed

To Senators Leahy, Sanders and Representative Welch

It is time to establish that the people of this democracy run the United States, not rich families and their bankers and corporations.

This letter lobbies you. It is not secret and you have the right to use its information and to inform others of my opinions. No business should have the right to influence the government off the public record.

This letter is written at the expense of my time, assets and materials. I receive no tax deduction for expressing my opinions. Why should any business enterprise be allowed a tax deduction as a business expense for lobbying? Why should a wealthy person be allowed any office expense that is not afforded to the average citizen? Lobbying should be a personal expense, after taxes, for everyone.

Why should lobbying by business organizations be presumed to represent the opinions of their owners? First of all, other business interests own most business interests. These interests maintain managements that reflect what is best for the wealthy who manage them. It is a political “Ponzi” scheme.

The United States is confronted with a seminal choice at the present time. Is this nation to fulfill its promise of democracy or is to succumb to the interests of would be royalists.

This confrontation is to be decided by you as a representative of the people. If you fail to do so, sooner or later, the citizens of this country will do so by anarchy.

It is my opinion that drastic changes must be made to the privileges accorded to businesses. While greed is a necessary human attribute when survival is at stake, it must be restrained in a society.

Business leaders must accept that “we the people” run this nation. I believe the efforts of President Obama have minimized the consequences of the current financial meltdown. They have not and will not produce the necessary reforms of business greed. This is born out by the fact that this recession and probable depression has been caused by descendents of the same wealthy families that caused the last depression.

Respectfully,

Perry Cooper

2159 Witchcat Road

Enosburg Falls, Vermont 05450

Cc: Green Mountain Daily

VPIRG is wrong about nuclear power

Has anyone on the VPIRG staff passed a semester course in nuclear reactor design as I did in 1957, at Columbia University, operated or directed the operation of a reactor, held uranium in their hands, performed work in a radiation field, or know how to design shielding for radiation? Who amongst you has book above your desk from which you can calculate the decay of fission products? Who amongst you would believe a physics textbook?

I am a “cowboy.” That is a term in the nuclear power industry that refers to those of us that pioneered reactors. I assembled my first nuclear reactor within one year of graduating from Columbia University in 1957. Jim Day, another engineer, and I were handed the drawings and informed that we had been selected to put the S3G reactor together. That reactor was a new design by the Knolls Atomic Power Laboratory of General Electric. The design had never before been assembled. We had to write the assembly procedures. Admiral Rickover interviewed me, standing on top of the reactor, while I supervised the insertion of a fuel assembly. The reactor vessel was not sealed and had been filled with water. Its reactivity was increasing while the fuel was lowered. I was able to calm the nervousness of some workers by being able to talk to Dr. Luce, the reactor core design physicist who was plotting the inverse of neutron multiplication in the core as it assembled. I understood the chart and could say that it was safe. That reactor ran until the early 1990s.

I repeated that assembly three times while assembling the two S4G reactors in the USS Triton, non-instrumented versions of the prototype S3G, including the disassembly and reassembly of one of the reactors. After assembling the two reactors, I directed one shift of the first simultaneous operation of two reactors, in a wooden shack over top of the reactors. The testing ended with switching off the cooling for each reactor at full power.

Following that work, in 1959, I was assigned responsibility for coordinating nuclear work in the shipyard of Electric Boat.

My first task was assembly of the reactor in the USS George Washington, the first vessel that could fire ballistic missiles from underwater. By pre-assembling the S5W reactor head and the control drive mechanisms in a clean room prior to loading the fuel and assembling the reactor, I reduced the time to assemble the reactor from six to two weeks and delivery of the ship by the same four weeks and reduced the reactor assembly cost by fifty percent. Estimated savings to the taxpayers was 19,879 man-hours for each ship of that class, including shift and overtime premiums but not overhead. The last time I read the procedures I had written for the S5W reactor assembly, they were a chapter in a NavShips Manual. Following that assembly, I taught the technique to representatives of the Navy’s Bureau of Ships and the Portsmouth Naval, Newport News, Pascagoula and Mare Island shipyards. This technique was used to assemble all ships of that class of vessels, and then some.

I assembled the USS George Washington reactor and reactors like that one in the USS Patrick Henry and the USS Scorpion and an S1C reactor in the USS Tullibee in a twelve-month span of time. During one of those assemblies, I trained the lead Rolls Royce engineer for the assembly of the reactor in HMS Dreadnaught, England’s first nuclear submarine. Later after I had been senior engineer for the refueling of the USS Skate, an S4W reactor, I taught a course to representatives of the English Admiralty, Vickers-Armstrong and Rolls Royce in refueling techniques. All told, I had on the job, hands-on, de facto custody of nine reactor cores.

Westinghouse contracted my services from Electric Boat to engineer the disassembly of a steam generator from the S1W reactor at the National Reactor Testing Station, west of Idaho Falls. That reactor was the first reactor built to produce power. After spending three days, plotting the radiation levels surrounding the generator to determine where it could be approached, a lead bonder, from A.O. Smith, and I draped it with three and one half tons of lead. It was then moved to an Expended Core Facility and taken apart. No worker received more than the allowed 300 mrem of radiation while disassembling with the exception of one grinder for whom permission was received for twice the allowed weekly exposure, which he received in a little over two minutes. Eight roentgen fields were measured at the face of the inlet tube sheet. I designed the shielding to reduce the radiation to acceptable working levels. While in Idaho, I assisted in the replacement of a fuel cell in the S1W reactor.

Background radiation at the Idaho site measured as high a five milli-roentgens from atmospheric bomb testing in Nevada and the testing of a proposed nuclear airplane engine at a site to the north of where I worked. Sorry about the use of the term roentgen but I am old school. There are a myriad of other tasks I performed involving radiation, contamination, decontamination and the handling of spent and unspent reactor fuel.

Three of the reactors of submarines in the shipyard during the time that I worked there are permanently disappearing into the mud on the bottom of the ocean. Two were the results of accidents and one, without any fuel, was disposed there. To date, neither the U.S. Navy personnel nor independent researchers have reported any release of the contents or other harm to the environment. The U.S. military does lots of things that they do not talk about. I do not know whether independent researchers have investigated the sites or the results if they have. I left the industry in 1969.

Mud is self-encapsulating waste. There is a vast, deep amount on the bottoms of the oceans; far from human inhabited places. As time goes on, the mud deepens until the rock on which it sets sub ducts under a continent. What’s in the mud is sealed from most living things for geological lengths of time. Only a means of inserting our worst wastes is needed.

About 1964, Westinghouse General Electric and Combustion Engineering Corporations were initiating efforts to market the nuclear experience they had obtained from submarine propulsion to the electric utility industry. I concluded that the turnkey style of contracting and subcontracting was not the way to build nuclear reactors because authority and responsibility are too widely distributed. My experience was that very tight organization was the most efficient, responsible and safe way to construct and operate nuclear power plants. That belief has not changed.

Do not conclude, from what is written above, that I had no realization of the danger of that with which I was working. World War II was my childhood. I remember exactly where I was when it was announced that Pearl Harbor was attacked and when Hiroshima was destroyed. I grew up with buckets of sand in every room of my home with which to extinguish incendiary bombs. War over energy supplies is a greater risk than nuclear power. I once stood in a 20 x 20 foot square room in which all of the fuel for a reactor was in racks on the four walls. It was awesome to consider the energy that surrounded me.

I have not turned green. I do not glow in the dark. I am not covered with tumors. I have been contaminated and irradiated. Alcohol and cigarettes have done me more harm than the radiations and contaminations with which I have worked. Work in a chemical plant was more dangerous. At seventy-six, my health is good.

Skiing, chainsaws, wood burning stoves, horses, automobiles, steam power plants, typhoons, earthquakes, meteors and the sun have all killed more people and, most likely, will continue to do so, than nuclear power generation. It is interesting that there is no amount of radiation that is not harmful and, simultaneously, no way to escape this environmental phenomenon. It is naturally in the air, the food, the water and the soil that we breathe, eat, drink and walk on.

It my belief that as a society, we will need every possible source of energy if we are to maintain a lesser style of life than that of today as our numbers as a species increase. One of the ways to reduce our dependence upon centralized power stations is to make every residence and business as self-sufficient with respect to its energy needs, as is possible.

To accomplish this, a self-financing energy authority, a public utility, is needed in Vermont, similar to the New York Throughway Authority. I realize that statement is capitalist heresy. However, I can think of no other way to create the unified command structure to organize the energy future of the Vermont. Private enterprise is too self-serving to perform such a public task at reasonable cost. Vermont can efficiently wire its energy on its own without the middlemen of corporations.

Let me develop this concept. The State of Vermont would own alternate energy sources built to make each residence slightly more than energy sufficient, individually or as close as reasonable, if collectively. The State would purchase excess power produced from the owner of a property, charge the owner for any excess consumed and charge both the owner and ultimate consumers a fee for the amount of power transacted. A small amount of seed money could initiate financial expansion to all of Vermont.

Distributed generation would provide a more reliable, robust power grid throughout the State and reduce the need for large generation facilities, such as Hydro-Quebec and nuclear reactors. Failure, down time for maintenance or disaster would cripple such a network less than current generation and distribution.

The commission should be chartered to make Vermont energy independent. To do that, it should be empowered to finance it operations by levying charges on the purchase and sale of energy, to purchase sources of energy within Vermont and to create new sources of energy. Private enterprises will always fulfill the financial objectives of their management and owners before those of the public. They will shortchange the public for the cost of nuclear decommissioning responsibilities. Maintenance has priority over something out of service.

That does not mean nuclear power should be abandoned. There is no safe energy. The more concentrated energy is the more dangerous it is. It is irrelevant whether it is a horse, a racecar or a power plant.

Vermont should build a second, identical nuclear plant alongside the existing Vermont Yankee. The design is proved. It can be operated safely. The plant should be as identical to the existing plant as is possible to make use of the existing site, design, spare parts, trained operators, licenses, installed supporting facilities, etc. Sales of its power can finance the decommissioning of the current plant. Vermont should not renew the license for the Vernon nuclear power plant to anyone but itself.

VPIRG is wrong about nuclear power. I’ve been there and done that. It can be safer for the environment than combustion even if its power is used only to power the making of other more environmentally better sources of energy.

Keep up your good work. Knowledgeable, skeptical criticism is essential. Criticism driven by fear has no rational value. The key to survival is to never stop asking questions.

Governor Douglas’s Ethics Violate Vermont Law

Governor Douglas is playing footloose with the laws of Vermont. This paragraph from the Governor’s Executive Code of Ethics, dated September 20, 2003, has led to corruption of state and municipal quasi-judicial boards.


“WHEREAS, it is also essential to the proper operation of government that those best qualified not be discouraged from serving as public officers by requiring them to relinquish totally the opportunity to further their own interests, at least where such interests do not create irreconcilable conflicts with their official responsibilities…”

It is contrary to proper operation of Vermont government that public officers be allowed to further their own interests while serving as representatives of the people. It is wrong to infer that businessmen can pursue their own interests while receiving state per diem compensation or wages while pursuing their own interests. These activities are forbidden. Vermont statutes provide no consideration for the furthering of personal interests when acting as a representative of the public. The Governor is not empowered to make such activity legal.

Neither Title 24 of the Vermont Statutes nor the Vermont Judicial Code of Ethics countenances or permits the furthering of private interests by persons making jurisdictional, judicial or quasi-judicial public decisions in the State of Vermont. There are no exceptions in the statutes or the code of judicial conduct for the furthering of one’s own interests because if allowed, such exceptions would be abused, as is occurring in the case of the proposed Wal*Mart store in St. Albans Town. The furthering of private interest is contrary to the intent of the law, regardless of experience.  

Governor Douglas’s Executive Code of Ethics defines that the

“Appearance of a conflict of interest, as used sections III (A) (2) and (7), means the impression that a reasonable person might have, after full disclosure of the facts, that an Appointee’s judgment might be significantly influenced by outside interests, even though there is no actual conflict of interest.”

The law says no personal interest. Another definition in the Governor’s code states that a conflict of interest does not include any interest that is no greater than that of other persons generally affected by the outcome of a matter. The law says no personal interest.

The Oxford New American Dictionary reads that an ethic is a set of moral principles. It further gives an apropos example:

“the puritan ethic was replaced by the hedonistic ethic.”

The Governor’s ethic seems to be whatever works for developers.

In Section II General Conduct, of the Governor’s ethic, it is written that

“An Appointee shall take all reasonable steps to avoid any action or circumstances, whether or not specifically prohibited by this code, which might result in: Page 2 of 6 (1) Undermining his or her independence or impartiality or action.”

If this issue is raised, the question is: could the appointer or appointee have known, should they have known, did they know or could they not have known that their steps that raised the issue violated the ethic?

Powerful forces are at play in local zoning proceedings, such as constitutional rights and individual and community values regarding private property and environmental protection. With these issues on the table, transparency is crucial for maintaining public trust. Under the ‘Rules’ section of an ethics policy, board members in Vermont are required to disclose any real or perceived conflicts of interest or ex parte communication, and the chair is directed to ask for such disclosure at the beginning of a hearing. This writer witnessed innumerable instances of friendly ex parte communications and camaraderie between St. Albans Town officials and the applicants during the current permitting process for a Wal*Mart store in St. Albans Town whereas their attitudes toward opponents was downright hostile and deciding officials vocally expressed bias against legal opponents of the project.

Board members are required to recuse (remove) themselves from a proceeding in which they have a real or perceived conflict of interest that prevents them from acting fairly, objectively, and in the public interest. Such recusal is an act taken by a board member of his or her own volition. Vermont law provides no authority for boards to require a member to recuse oneself. However, failure to recuse when circumstances suggest recusal is appropriate is grounds for removal.

Conflicts of interest can be broken down into those where a deciding board member has a personal interest in a proceeding, those where the same has a financial interest in a proceeding, and those where the same has exhibited bias or prejudice prior to hearing a case. All are bad.

On 8/11/95, the District 6 Environment Commission issued a permit to Daniel Luneau and J. Philip Gerbode to construct an automobile dealership, Project Permit 6F0396R-5. Additional permits to the project were issued as follows: 5A:5/6/97, 5B:2/04/00, 5C:11/23/01, 5D:2/14/03, 5E:8/12/05, and 5F:10/19/06.

J. Philip Gerbode is a real estate developer who purchased much land surrounding Interstate 89 Exit 20. In 1995, he may have been a member of the St. Albans Group of realtors and developers who were the initial promoters and applicants for a Wal*Mart store in St. Albans. How would it never occur to the family owners of Handy Chevrolet Dealership and a growth interested land developer, who sold the land to the dealership’s owners, that location near to a Wal*Mart store would be advantageous for car sales?

It is mind defying that Luneau and Gov. Douglas would not realize that they had conflicts of interest in the appointments and acceptances of Luneau’s District 6 Environmental Commission Chairmanship, as announced by Douglas on March 14, 2005 and on April 10, 2007.

In the May 6, 2007 edition of the Burlington Free Press an article titled

“Handy Chevrolet inaugurates Exit 20 commercial park,”

Luneau’s co-owner and brother-in-law is quoted as saying that he and these family owned businesses seek to take advantage of the growth that the businesses believe will occur in this area. The new dealership location is one of the first businesses to locate in the established growth centers that would build out from the proposed J.L. Davis development at Exit 20 and within sight of a proposed Wal*Mart store. Another Handy dealership mentioned in the article is diagonally across Route 7 from the proposed entrance to the Wal*Mart store. The article reports:

“Dealership president and general manager Daniel Handy, a native of Franklin County, says he and his family have done well in the area and are positioning themselves to take advantage of expected growth.”

Daniel Luneau is quoted in the article as saying:

“We see our business opportunities enhanced by our new location.”

District #6 Environmental Commission Chairman Luneau was directing whether to permit the Wal*Mart store at the time of this article.

Dan Luneau traveled to Montpelier and testified to the legislature that the “ambiguities” necessary to control development should be eliminated. As Emerson Lynn wrote in an editorial piece, ” That’s why Mr. Luneau’s opposition is so meaningful. He deals with the minutiae of Act 250. He knows how opponents can use the ambiguity of the proposed law to tie proposed projects up in court for years.”  There is no ambiguity about violations of due process as a result of prejudgment and conflict of interest in quasi-judicial decisions.

When Act 250 was changed, Douglas appointed Daniel Luneau to Chair the District #6 Environmental Commission and the judges of the Vermont Environmental Court and Jeffery Davis re-filed for a permit that had been rejected in 1995. The law had been changed to their favor. It was time for returns on the developers’ investments regardless of legitimate objections and due process.

It would be a rare businessman who did not think that what was best for his business was best for Vermont. The fact that a businessperson is making a judicial or quasi-judicial public development decision where he or she might have an interest is cause for suspicion of conflict of interest. Could Chairman Luneau be expected to vote against the “anchor” store, which was key to unleashing the growth that he and his family had been looking forward to since 1995?

When developer-friendly changes to the environmental statutes and changed town bylaws were in place, Governor Douglas personally came to St. Albans to announce the reapplication for a Wal*Mart store that the Vermont Supreme Court had rejected ten years previously.

While running for re-election in fall of 2008, the Governor, in his best “Scissor Hands” persona, returned to St. Albans to lend his support to a developers’ pep rally. He sat proudly on the stage as speakers urged the crowd to harass specifically named, legitimate, community opponents of the project to relinquish their right of appeal. He clearly had a political interest in the project.

While an environmental judge is considering a very serious issue for the future of his state, unbiased conduct in the matter is expected from the highest paid governor in New England. Douglas is a cheerleader for Northwestern Vermont developers. He aggressively pressed the legislature to change Act 250 to allow developers to do what they chose to do more freely. The purpose of nearly all the changes was to restrict public participation, to kill the messengers, to extinguish transparency.

If you think there might have been any collusive behavior when these facts are considered, there is the appearance of an irreconcilable conflict of interest that should not be, even if there is no actual conflict of interest, unless you are not a reasonable person. Such appearance of conflict of interest is a violation the statutes of Vermont.

witchcat, Bakersfield