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Column: Keeping the Diablo Canyon nuclear plant open is a dangerous waste of effort and money

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Column: Keeping the Diablo Canyon nuclear plant open is a dangerous waste of effort and money

On the subject of resurrection tales, the Bible’s Lazarus could don’t have anything on the Diablo Canyon nuclear energy plant.

The plant’s two producing models, which went on-line in 1985 and 1986, lie on the coast close to San Luis Obispo inside 20 miles of 4 energetic earthquake faults.

The faults have been apparently unknown to the plant’s proprietor, Pacific Fuel & Electrical, which licensed throughout the development interval that no such faults existed inside that distance. Unit 2 was inbuilt accordance with flawed blueprints.

What attainable foundation may there be for doing this within the ultimate two weeks of the legislative session?…It’s a huge take-it-or-leave-it package deal.

— Ralph Cavanagh, Pure Sources Protection Council

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There have been efforts to shut the plant for years, gaining depth as PG&E’s atrocious security report got here to gentle; twice within the final two years the corporate has confronted felony prices for its function in igniting wildfires that burned 1000’s of acres, destroyed lots of of constructions and prompted deaths and accidents. (The corporate pleaded responsible to 84 felony counts in 2020.)

With all that in thoughts, plus the crippling expense of required seismic and environmental upgrades to the plant, PG&E agreed in 2016 to close its two models down in 2024 and 2025, the unique expiration dates of their federal licenses.

The shutdown deal was hailed as a landmark, closing the e-book on California’s checkered historical past with nuclear energy.

Regardless of all that, Diablo Canyon has out of the blue emerged as a centerpiece of Gov. Gavin Newsom’s plan to take care of the reliability of the state’s electrical grid within the face of accelerating world warming.

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With solely days left within the legislative session, Newsom’s workplace unveiled a proposal to maintain Diablo Canyon working for so long as one other decade previous the shutdown dates.

Newson’s proposal would supply a $1.4-billion “forgivable” mortgage to the utility to cowl upkeep prices and the expense of resubmitting the plant for federal licensing. The time period “forgivable” signifies that the mortgage would actually perform as a grant to the nation’s largest non-public utility.

As my colleague Sammy Roth observes, the revival of Diablo Canyon could be exempt from state and native environmental critiques and coastal laws.

Though below conventional utility economics, PG&E’s electrical clients have paid for the development and working prices of the plant, below the Newsom plan all California utility clients — in different phrases, virtually everyone — would develop into answerable for the plant’s $460 million in annual working prices and $300 million in alternative energy prices throughout Diablo Canyon outages.

Plainly, this scheme is lunacy.

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The governor’s underlying concern is that renewable power sources corresponding to photo voltaic and wind don’t generate energy when the solar goes down and the wind abates, leaving Californians on the mercy of the weather. Advocates of retaining Diablo Canyon working usually invoke the summer time of 2020, when a surge in demand outstripped electrical provide, resulting in rolling blackouts in elements of the state on two days.

If the plant’s shutdown leaves a provide shortfall after 2025, in response to a presentation at a Friday night workshop sponsored by the California Vitality Fee, the state would have little selection apart from to institute blackouts once more or hearth up pollution-producing gas-fueled energy crops.

A legislative abstract distributed by the governor’s workplace bristles with alarming prose, mentioning “unprecedented stress on California’s power system” brought on by local weather change and “provide chain disruptions” interfering with set up of fresh power infrastructure and elevating the specter of a repeat of the high-summer brownouts of 2020.

The issues brought on by world warming are usually not precisely a shock, provide chain disruptions have already been easing, and the brownouts didn’t recur in 2021 or (to date) this yr. But the governor is attempting to pressure the Legislature to deal with the shutdown of Diablo Canyon as an emergency.

“What attainable foundation may there be for doing this within the ultimate two weeks of the legislative session?” asks Ralph Cavanagh, power co-director on the Pure Sources Protection Council. “There will probably be no alternative for hearings, no inclusive dialogue, it’s a huge take-it-or-leave-it package deal.”

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Neither is the governor’s proposal backed up with any technical evaluation justifying inserting the continued operation of Diablo Canyon forward of all different choices for rising the state’s power sources between now and 2035 — corresponding to extra rooftop photo voltaic, extra wind, offshore wind farms, and expanded giant capability battery storage.

“If we do have a reliability drawback,” says Mark Specht, Western states power supervisor for the Union of Involved Scientists, “then why aren’t we taking a look at all of the options we would be capable of pursue, that could be considerably cheaper than retaining Diablo Canyon on-line?”

Even when it’s assumed that California would have a shortfall in power sources throughout the instances of peak demand — a summer time warmth wave driving up air conditioner utilization when wildfire smoke is concurrently lowering the effectivity of photo voltaic panels, say — retaining a nuclear plant operating is concerning the least versatile treatment for filling a transient want.

“Diablo Canyon is just not a versatile useful resource that may surge when demand surges,” Cavanagh informed me. “It runs 24/7.”

Among the many most obtrusive holes within the governor’s proposal is the failure to even point out what often is the most cost-effective alternative sources of all: power effectivity and conservation. Californians are outdated arms at this course of; throughout the 2000-01 power disaster, the state decreased power consumption by 4,800 megawatts — the equal of greater than two Diablo Canyons.

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That was achieved by cautious planning, not slapdash last-minute emergency planning, Cavanagh noticed on the time. It could possibly be achieved once more via extra rooftop photo voltaic installations and monetary incentives for giant industrial energy customers to ratchet again throughout disaster durations of peak demand.

A couple of extra phrases about Diablo Canyon’s historical past is perhaps helpful right here.

The plant presently gives about 8.6% of California’s whole electrical provide and 17% of its non-fossil fueled power. However it has at all times been a contentious mission — it was the Sierra Membership’s assist of Diablo Canyon’s development within the Nineteen Sixties that prompted environmentalist David Brower to interrupt with the group in 1969 and type Pals of the Earth, which helped to barter the shutdown deal.

Doubts about whether or not PG&E’s company tradition is able to managing a significant nuclear energy plant located close to harmful earthquake faults have lengthy continued amongst nuclear energy critics.

That’s particularly so given PG&E’s failure to establish faults close to the plant website earlier than it was already below development. (Certainly, Brower jokingly described nuclear reactors as “advanced technological units for finding earthquake faults.”)

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Doubts concerning the economics of the plant have additionally continued. The price of seismic and environmental refurbishments that might have been mandated by federal regulators if PG&E had gone via with its authentic plan to hunt an extension of its license helped to dissuade the utility from transferring ahead.

That made PG&E amenable to negotiating the 2016 settlement with environmental teams and labor unions to shutter Diablo Canyon’s two models in 2024 and 2025. That settlement really represented an extension of the plant’s anticipated life span.

Since then, California power coverage has been supposedly geared towards making up for the lack of Diablo Canyon’s 2,240 megawatts of producing capability with a mixture of effectivity enhancements and renewable sources.

This effort is falling quick. However that doesn’t imply reversing course on Diablo Canyon. Amongst different flaws, the governor’s proposal would flip again the clock by six years with the stroke of a legislative pen.

“Your phrase is your bond,” says Dan Jacobson, senior advisor to Setting California. “We had a deal, struck by all involved events — the utility, the labor unions, the state — that there was going to be an orderly closure of this plant. Not one of the explanation why folks agreed in 2016 to close the plant down have modified. It’s costly, soiled and harmful.”

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Environmentalists have an affordable worry that leaving Diablo Canyon on-line could scale back the urgency of creating extra renewable sources, thus making the climate-driven disaster deeper and longer.

To Newsom’s credit score, nevertheless, even when Diablo Canyon remained operational, his proposal would require the state’s utilities to proceed shopping for and creating renewable sources as if the plant had been shut down on schedule.

Probably the most curious facet of the governor’s proposal is its air of urgency, deployed to pressure the Legislature into declaring Diablo Canyon the indispensable medication for a disaster that gained’t even be upon us till mid-2025 on the earliest.

What’s driving this panic-mongering? It’s laborious to discern why Newsom has put so many eggs within the Diablo Canyon basket, except it’s a determined bid to keep away from high-summer blackouts in any respect prices whereas he’s being talked about as a attainable presidential candidate. PG&E hasn’t even lobbied to maintain Diablo Canyon working past 2025; its local weather technique report, issued this summer time, doesn’t point out that choice even as soon as. As an alternative, it talks about its intention, “as soon as Diablo Canyon ceases operations … [to] carry extra renewable power on-line.”

That’s unsurprising, given the possible expense of gearing up for a recommissioning utility for Diablo Canyon earlier than the federal Nuclear Regulatory Fee.

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The seismic and environmental upgrades that might have been required six years in the past for licensing renewal haven’t gotten any cheaper, and PG&E is significantly much less financially wholesome now than it was then. Reopening the Diablo Canyon can of worms could also be the very last thing the utility wants proper now.

The Legislature’s correct course is apparent. Don’t get drawn right into a panicky instantaneous response to a distant disaster. Above all, let Diablo Canyon die on schedule. As Cavanagh lately wrote in a publish additionally referring to the biblical Lazarus, restored to life from his personal tomb, “one resurrection is the restrict.”

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New Mexico weighs whether to toss Alec Baldwin criminal charges in 'Rust' shooting

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New Mexico weighs whether to toss Alec Baldwin criminal charges in 'Rust' shooting

A New Mexico judge is weighing whether to dismiss involuntary manslaughter charges against Alec Baldwin for his alleged role in the 2021 shooting death of the “Rust” movie cinematographer.

Baldwin’s attorneys argued during a court hearing Friday that special prosecutor Kari T. Morrissey had abused her power by allegedly withholding “significant evidence,” including witnesses favorable to Baldwin, during a January grand jury proceeding.

The 66-year-old actor‘s lawyers said he was a victim of an “overzealous prosecutor” who steered grand jury proceedings in an effort to win an indictment in the high-profile case. At issue is whether the grand jury had been fully advised that they could hear from Baldwin’s witnesses during the proceedings. The grand jurors spent a day and a half questioning witnesses who were introduced by the prosecutors.

“The fix was in,” Baldwin attorney Alex Spiro told the judge Friday.

The grand jury indicted Baldwin on an involuntary manslaughter charge in the shooting death of Halyna Hutchins, the 42-year-old cinematographer, who was rehearsing a scene with Baldwin on Oct. 21, 2021. Baldwin has pleaded not guilty.

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At the conclusion of Friday’s hearing, New Mexico First Judicial District Judge Mary Marlowe Sommer said she would issue her ruling next week. Should she dismiss the case, it would mark the second time that the felony charges against Baldwin were dropped.

Marlowe Sommer’s decision is expected less than two months before Baldwin is scheduled to go on trial in a Santa Fe courtroom.

During the hearing, which was conducted virtually, Morrissey denied that she had acted in bad faith. She said she didn’t prevent jurors from getting answers to their questions or from seeking additional information. She told the judge that grand jurors had been given written instructions that outlined their ability to quiz other witnesses, including those favorable to the defense.

But because the jurors didn’t ask to hear from the witnesses who were on a list supplied by Baldwin’s lawyers, several key figures in the tragedy, including film director Joel Souza, property master Sarah Zachry and assistant director David Halls, were not called to testify. Instead, jurors heard from police officers, a crew member who was in the church and expert witnesses hired by prosecutors.

On the day of the shooting, Hutchins, Baldwin, Souza and about a dozen other crew members were gathered in an old wooden church at Bonanza Creek Ranch, south of Santa Fe, preparing for a scene. Hutchins, according to the actor, told him to pull his Colt .45 revolver from his holster and point it at the camera for an extreme close-up view. That’s when the gun went off.

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Hutchins died from her wounds. Souza was injured and recovered.

Last month, Marlowe Sommer sentenced the film’s armorer, Hannah Gutierrez, to 18 months in a New Mexico women’s prison for her role in the shooting. Morrissey argued that Gutierrez was criminally negligent by allegedly bringing the live ammunition to the movie production and unwittingly loading one of the lead bullets into Baldwin’s gun. Gutierrez denies bringing the ammunition on set.

Baldwin’s prosecution has long been fraught.

Morrissey and her law partner Jason J. Lewis joined the case last year after the first team of prosecutors was forced to step down due to missteps, including trying to charge Baldwin on a penalty enhancement that wasn’t in effect at the time of the tragedy.

“The government looked a little sophomoric and unprofessional when they charged him for a crime that wasn’t a crime at the time,” said Los Angeles litigator Tre Lovell, who is not involved in the “Rust” shooting matter. “That was embarrassing.”

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The original prosecutors also displayed bluster in media interviews, making statements about the need to hold Baldwin responsible for his actions. Defense attorneys have argued that such commentary was out of line and prejudicial against the actor.

Shortly after Morrissey and Lewis joined the case, they dropped the charges against Baldwin. At the time, they said they needed more time to review evidence and address issues raised by Baldwin’s team. Morrissey and Lewis reserved the right to refile the charges.

Immediately after the charges were dropped, Baldwin traveled to Montana to finish the filming of “Rust.”

On Friday, Morrissey said last year’s decision to drop the charges was made at the request of Baldwin’s lead attorney, Luke Nikas, who had presented evidence that the gun Baldwin was using had been modified. Subsequent tests showed the gun was functional that day, but during FBI testing in 2022, the gun was broken by forensic analysts who wanted to see how much pressure needed to be applied for the hammer to drop.

The damaged gun is one of several complications that prosecutors are facing. Legal experts have said that winning a conviction in Baldwin’s case is expected to be more difficult than in the trial of Gutierrez, whose job was to make sure the weapons were safe.

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Baldwin was handed the prop gun that day and was told that it was “cold,” meaning there was no ammunition inside. In reality, the chamber of the revolver contained six rounds — five so-called dummies and the lead bullet that killed Hutchins.

“The state has not even alleged that Baldwin had a subjective awareness of a substantial risk that the firearm held live ammunition,” Nikas argued in the motion to dismiss the charges. “Without a subjective awareness, he could not have committed the crime of involuntary manslaughter, which requires that the defendant consciously disregarded a substantial and unjustifiable risk that his actions could cause another person’s death.”

Baldwin has argued, with support from Hollywood’s performers’ union SAG-AFTRA, that it wasn’t his job to be the gun safety officer on set.

The actor has said he was relying on other professionals to do their jobs to ensure a safe production.

Prosecutors have an obligation to present evidence in a “fair and impartial manner,” Baldwin’s attorneys said.

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The judge grilled Morrissey on her thinking at the time, including an instance when she had interrupted a sheriff’s deputy and prevented her from answering a question about gun safety measures on set. Morrissey said that deputy was not an expert in film set protocols and that she instead wanted jurors to get “the most accurate information,” which would come from a veteran film crew member who was an expert witness.

Baldwin’s attorneys were also sharply critical of Morrissey for divulging during a media interview the date the grand jury was expected to meet. Morrissey said she took responsibility for providing to a reporter the initial date, which had been scheduled for mid-November. However, the matter was postponed, and the case wasn’t brought before the grand jury until two months later, in mid-January.

Lovell, the L.A. entertainment attorney, said he believes the case will go to trial and that efforts to throw out the indictment will be unsuccessful.

“Courts are really reluctant to dismiss cases brought by a grand jury,” Lovell said. “Courts have limited ability to review what goes to a grand jury unless it was provided in bad faith.”

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Troubled EV maker Fisker closing Manhattan Beach headquarters

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Troubled EV maker Fisker closing Manhattan Beach headquarters

In an effort to stave off bankruptcy, electric-vehicle maker Fisker Inc. is closing its Manhattan Beach headquarters and has secured a $3.5-million lifeline as it continues to explore an acquisition or other strategic alternative.

The troubled company, which had about 300 employees in the 72,000-square-foot offices at the end of March, is moving its remaining workers to an engineering and distribution facility in La Palma in Orange County, said a person familiar with Fisker’s operations who was not authorized to comment.

In all, the company had roughly 1,135 employees as of mid-April, following an announced 15% cut to its workforce.

Fisker has been attempting to avoid bankruptcy since March, when it announced that talks over a strategic alliance with a major automaker had ended, squelching a deal that would have given it $150 million in new financing.

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That caused its shares to collapse to pennies, prompting the New York Stock Exchange to delist the stock, which violated another debt agreement the company struck with an investor last year, according to a regulatory filing.

A major automaker, said to be Nissan, was reportedly in talks to invest in Fisker. Nissan was considering making the Fisker Alaska truck at a U.S. plant — a deal that would come with a $400-million investment, Reuters first reported. Fisker did not confirm the reports.

Fisker announced this week that it secured a $3.5 million short-term loan, as it continues to operate and sell its midsize Ocean SUV. The note is due June 24 and has the potential to increase to $7.5 million.

The Ocean, a competitor to Tesla’s Model Y, was released last year to mixed reviews; some praised its build and styling, but the car has been plagued by software glitches.

The National Highway Traffic Safety Administration has four investigations into the vehicle, including one opened this month after complaints that the SUV’s automatic emergency braking system randomly triggered.

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Other probes are looking into reports that a door on the Ocean will not open and complaints about a loss of braking performance. The company has said it is working with the regulator.

Fisker said this week that it had added three dealers to its networks in California and New Jersey, which it began building after a plan to sell direct to consumers — like Tesla does — didn’t pan out. It also announced additional price cuts on some Ocean models.

In March, Fisker slashed the price on its entire lineup of 2023 Oceans by more than 30%. The company also said that it had paused production at its contract manufacturing plant in Austria, which produced about 10,200 Oceans last year.

Fisker was founded in 2016 by noted car designer Henrik Fisker, who has said the Ocean was inspired by California. The SUV features a full-length solar roof, an interior composed of “vegan” recycled plastic and a drop-down rear window that can fit a surf board.

Fisker is not the only startup that has been struggling amid a slowdown in the domestic market for electric vehicles and a rise in interest rates.

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Rivian Automotive, an Irvine maker of electric trucks, has informed state officials it will lay off more than 120 employees beginning in June. In February, the company announced it was cutting 10% of its workforce. The company’s shares have lost more than half of their value since last year.

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Las Vegas' Mirage Resort to close after 34-year run. Volcano to go dormant

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Las Vegas' Mirage Resort to close after 34-year run. Volcano to go dormant

Once hailed as “Las Vegas’ first 21 Century resort,” The Mirage Hotel & Casino confirmed Wednesday that its iconic volcano outside of its front entrance is going dormant less than a quarter of a century into the new millennium.

Owner Hard Rock International announced the hotel will cease operations on July 17, with bookings being accepted until July 14. The iconic resort — sporting a jungle-fantasy theme —was perhaps best known for its exploding 54-foot man-made volcano, magicians Siegfried and Roy, and its white tigers and dolphins.

“We’d like to thank the Las Vegas community and team members for warmly welcoming Hard Rock after enjoying 34 years at The Mirage,” said Jim Allen, Chairman of Hard Rock International in a statement.

The resort is expected to be redeveloped into the Hard Rock Hotel & Casino and Guitar Hotel Las Vegas, with the volcano giving way to a nearly 700-foot guitar-shaped hotel. The project is expected to open in spring 2027. A similar 638-room hotel stands in Hollywood, Fla.

The Associated Press reported that more than 3,000 employees will be laid off. Hard Rock acknowledged it would pay roughly $80 million in severance packages for union and nonunion labor.

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The Culinary and Bartenders Union accounts for about 1,700 Mirage workers. It announced Wednesday that its workers have two options.

The first was a severance package of $2,000 for every year of service plus six months of pension and health benefits. The second option gives employees a lesser, undisclosed amount while maintaining seniority rights for the duration of the property’s closure along with 36 months of recall rights for jobs at the new hotel.

“Culinary Union members at The Mirage have a strong union contract, ensuring that workers are protected, even as the property closes its doors entirely for three years from July 2024 – May 2027,” said Ted Pappageorge, Culinary Union secretary-treasurer, in a statement Wednesday.

The new hotel is projected to employ nearly 7,000 employees, according to Hard Rock management, while 2,500 construction jobs are expected during the rebuilding process.

Hard Rock said that all reservations beyond July 14 would be canceled and that guests should contact the guest services department or booking agency for a refund.

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The Mirage’s closure is the second on the strip this year.

In April, the 66-year-old Tropicana closed its doors to make way for a 30,000-seat stadium that is expected to serve as the home of the Oakland A’s.

The Mirage’s opening by casino tycoon Stephen A. Wynn in 1989 was hailed as the ushering of a new era of resorts. It was the first strip hotel to open since the MGM Grand in 1973.

Wynn shelled out $600 million, then the most expensive casino project, for the sprawling 103-acre property.

The Mirage was the first fully integrated hotel, according to Alan Feldman, a Distinguished Fellow at UNLV’s International Gaming Institute.

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Integration meant operating and treating all facets of the resort, including casino, food and beverage, retail, entertainment and convention space, with equal importance, according to Feldman, who rose to become an executive with the Mirage and stayed from 1989 to 2019.

Feldman said hotel owners previously cared first about the casino and “everything else was last.”

“They gave away entertainment, food and rooms as long as someone came and played,” said Feldman. “The Mirage was the first to believe you could actually make money in these areas if you invested enough.”

Its glistening 30-story white-and-gold towers were said to make neighboring Caesars Palace look “retiring by comparison.” Traffic occasionally backed up on the strip as engineers tested gas-flared flames 40 feet into the air every few minutes.

“People just got out of the cars and went over to see what was going on,” one limousine driver said at the time.

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The hotel included a 20,000-gallon fish tank at its reception desk and 3,049 rooms.

Its animals — and its white tiger habitat — brought the resort fame and infamy, including in 2003 when a tiger critically injured magician Roy Horn.

The Mirage’s opening kicked off a resort building and remodeling spree that included the debut of the Circus Circus’ Excalibur in June 1990, the $250-million renovation of Caesars Palace and the opening of Treasure Island in 1994.

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