February 3, 2008Nuclear Leaks and Response Tested Obama in Senate
By MIKE McINTIRE
When residents in Illinois voiced outrage two years ago upon learning that the Exelon Corporation had not disclosed radioactive leaks at one of its nuclear plants, the state's freshman senator, Barack Obama, took up their cause.
Mr. Obama scolded Exelon and federal regulators for inaction and introduced a bill to require all plant owners to notify state and local authorities immediately of even small leaks. He has boasted of it on the campaign trail, telling a crowd in Iowa in December that it was "the only nuclear legislation that I've passed."
"I just did that last year," he said, to murmurs of approval.
A close look at the path his legislation took tells a very different story. While he initially fought to advance his bill, even holding up a presidential nomination to try to force a hearing on it, Mr. Obama eventually rewrote it to reflect changes sought by Senate Republicans, Exelon and nuclear regulators. The new bill removed language mandating prompt reporting and simply offered guidance to regulators, whom it charged with addressing the issue of unreported leaks.
Those revisions propelled the bill through a crucial committee. But, contrary to Mr. Obama's comments in Iowa, it ultimately died amid parliamentary wrangling in the full Senate.
"Senator Obama's staff was sending us copies of the bill to review, and we could see it weakening with each successive draft," said Joe Cosgrove, a park district director in Will County, Ill., where low-level radioactive runoff had turned up in groundwater. "The teeth were just taken out of it."
The history of the bill shows Mr. Obama navigating a home-state controversy that pitted two important constituencies against each other and tested his skills as a legislative infighter. On one side were neighbors of several nuclear plants upset that low-level radioactive leaks had gone unreported for years; on the other was Exelon, the country's largest nuclear plant operator and one of Mr. Obama's largest sources of campaign money.
Since 2003, executives and employees of Exelon, which is based in Illinois, have contributed at least $227,000 to Mr. Obama's campaigns for the United States Senate and for president. Two top Exelon officials, Frank M. Clark, executive vice president, and John W. Rogers Jr., a director, are among his largest fund-raisers. Another Obama donor, John W. Rowe, chairman of Exelon, is also chairman of the Nuclear Energy Institute, the nuclear power industry's lobbying group, based in Washington. Exelon's support for Mr. Obama far exceeds its support for any other presidential candidate.
In addition, Mr. Obama's chief political strategist, David Axelrod, has worked as a consultant to Exelon. A spokeswoman for Exelon said Mr. Axelrod's company had helped an Exelon subsidiary, Commonwealth Edison, with communications strategy periodically since 2002, but had no involvement in the leak controversy or other nuclear issues.
The Obama campaign said in written responses to questions that Mr. Obama "never discussed this issue or this bill" with Mr. Axelrod. The campaign acknowledged that Exelon executives had met with Mr. Obama's staff about the bill, as had concerned residents, environmentalists and regulators. It said the revisions resulted not from any influence by Exelon, but as a necessary response to a legislative roadblock put up by Republicans, who controlled the Senate at the time.
"If Senator Obama had listened to industry demands, he wouldn't have repeatedly criticized Exelon in the press, introduced the bill and then fought for months to get action on it," the campaign said. "Since he has over a decade of legislative experience, Senator Obama knows that it's very difficult to pass a perfect bill."
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?"
