Grand Jury Probes Possible Criminal Management at Davis-Besse

This cannot be good news for FirstEnergy Corp.

A federal grand jury is investigating whether managers of the Davis-Besse nuclear plant broke the law by creating and submitting reports that deliberately understated the worsening condition of the reactor's lid.

The Cleveland grand jury has subpoenaed records from the plant's owner, FirstEnergy Corp., describing the inspection and maintenance of Davis-Besse's protective steel lid. FirstEnergy disclosed the subpoenas yesterday in a special Securities and Exchange Commission report it is required to file about events that could affect investors.

Having some familiarity with the nuclear industry, I'm fairly certain that the management at Davis-Besse acted timidly. Most nuclear plant managers are afraid to act aggressively and decisively. The politics of nuclear power has inculcated an entire generation of professionals with an avoidance attitude. Therefore, no criminal acts were committed by plant staff and management in relation to normal performance of their duties. They're forced to walk on eggshells in a highly politicized environment. And the eggshells were there long before any of them arrived.

If, however, evidence indicates that required records were destroyed and replaced with forged documents, the grand jury may have reasons for indictments. The destruction or falsification of legally required records is criminal behavior. Also, lying while being deposed under oath is normally a crime (Note: The President of the United States is not required to tell the truth under oath. Reference; Paula Jones vs. Bill Clinton, 8th U.S. Circuit Court of Appeals, 1999).