Establishes a nuclear whistleblower access and assistance program to promote public health and safety

Summary of provisions

This bill would amend the energy law, the public authorities law, the public service law, the labor law, the civil service law, and the executive law to establish a nuclear power plant whistle-blower access and assistance program. The program contains a number of provisions including: (1) a requirement calling for the evaluation of whistleblower programs proposed by nuclear power plant operators, including private companies that are purchasing reactors in New York State (2) the establishment of a toll-free telephone line available to employees of nuclear power plants that will offer advice regarding employee rights and protections pursuant to state and federal laws and present opportunities for access to senior management for purposes of communicating safety-related concerns, and (3) a requirement that a preliminary evaluation of any safety concern identified by an employee be performed.

Justification

Workers at nuclear plants are commonly referred to as the "eyes and ears" for the U.S. Nuclear Regulatory Commission (NRC). The NRC openly admits that it can only oversee a small portion of the industry's safety issues and relies heavily on nuclear plant employees to identify potential safety problems to management and, if necessary, to the NRC. This bill acknowledges that a key element to the safe operation of nuclear power plants is a work environment that encourages employees to come forward with any concerns they may have regarding reactor operational safety. Protection of safety-conscious workers is of paramount concern, especially in light of electric utility deregulation, the infusion of market competition into the energy marketplace, and changes with the NRC's oversight program.

Employees working at nuclear power plants should not feel pressured or intimidated by their supervisors in airing concerns. Sadly, we have witnessed the harassment of employees at NY nuclear power plants much too often. Given the recent troubles at the Indian Point reactors, there has never been a greater need for such a program. The controversy that has swarmed about the Indian point reactors has shed light on the suppression of safety conscious employees and worker health and

safety issues. As stated in a report filed by a safety-conscious employee at Con Edison's Indian point 2 (IP-2) plant, there is a "chilling effect" which does not encourage workers to report problems. According to a March 1, 2001 NEW YORK TIMES article, an engineer working for a contractor at the IP-2 nuclear plant quit in a dispute over a safety issue - in particular, the reliability of the system that triggers automatic shutdowns during equipment failure. At the New York Power Authority's Indian point 3 (IP-3) plant, it was revealed that worker health and safety had been compromised to meet a refueling deadline - over 180 workers were radioactively contaminated. According to a whistleblower at the plant, the deadline was set to impress a potential buyer, Entergy Nuclear, Inc. which ultimately purchased IP-3 and is now in the process of buying IP-1 and IP-2. This situation may have been avoided if workers felt more comfortable about raising concerns.

New York State needs to better protect workers at nuclear power plants who raise safety concerns. According to Stephen Kohn - one of the nation's foremost experts on whistleblower law - New York State has one of the weakest provisions in the nation with respect to providing adequate protection to whistleblowers. The inadequacies of New York's "Whistleblower Statute," which was passed in 1984, have led commentators to note that whistleblower protection in New York is all but non-existent.

For the sake of public and employee health and safety it is crucial to have a nuclear whistleblower access and assistance program established immediately.

Fiscal implications

None to the state.

Effective date

Immediately.