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Public comment continues at PSC/SCE&G hearings | Print |  E-mail
Written by Arnold Karr   
Thursday, 04 December 2008 03:58

Though the press was notably absent, the S.C. Public Service Commission opened the floor for more public comment shortly after 4:30 this afternoon. Council for SCE&G renewed its "continuing objection" to what it claimed is a violation of the corporation's right to due process.

Following is a transcript of my prepared testimony before the Commission:


"On Monday, council for SCE&G entered a continuing objection to public testimony being entered into the official record of these proceedings on the ground that it violates the corporation's due process rights under the 14th amendment to the U.S. Constitution. That objection was renewed this evening. I should like to object to the notion that a corporation is a person with all the rights accruing to real human persons. I object that such a legal fiction, combined with the virtually limitless financial resources of a multi-billion dollar corporation, as SCE&G is, renders the rights of real human persons negligible in the face of corporate hegemony. I am aware, of course, that the Courts of the United States have ratified this myth of corporate personhood and that this commission has no authority to set aside the Supreme Court's errors. But that is my continuing objection to these proceedings.

"Taking, for the sake of argument, SCE&G's claim of personhood with its attendant rights at face value, I should like to testify that SCE&G is a bad corporate citizen and cannot be trusted to answer to anyone but their shareholders. Case in point: in the past, SCE&G was granted monopoly status to sell electricity and natural gas in Richland County, in exchange for a promise to provide public bus transportation. This, of course, cut into their profits, because public transportation is rarely if ever a profit-making venture. How to get out of a service contract when it is not to the other party's advantage to release you? Prove yourself so dreadfully incompetent that they will beg you to go away! Which is exactly what SCE&G did. They mismanaged the local bus system so badly, or should I say so skilfully, that they were able to boast to their stockholders that they had cut ridership in half before Richland County Council allowed them to buy out their obligation. I offer this expample as character testimony – if you base your ruling on the preponderance of  the evidence, you must consider who is more likely to be telling the truth and who is likely to do what they say they will do. Past behavior indicates that whatever SCE&G promises to do will be tempered, in the end, by the bottom line.

"So, what of SCE&G's current record as a corporate citizen? Perhaps they have reformed.

"In the summer of 2008, Carolina Peace Resource Center and the Southern Energy Network partnered on a listening project in the Jenkinsville community.  For people who are accustomed to being ignored, to having decisions made for them without being consulted, simply being asked about their day to day lives can be a profound experience. It reveals a story we seldom hear about the cost of progress.

"Many community members expressed serious concerns about the health and safety implications of living near a nuclear reactor.  Many said they could not hear the sirens during disaster drills, that no one knew what to do in the case of a nuclear accident.  SCE&G had provided no evacuation plans or other important information.  Others could point from house to house on their streets, naming who had suffered or died of cancer, or lost a loved one to cancer.  Older residents remembered the days before Virgil C. Summer Unit One came online and said they believed the rising cancer rates were connected to the reactor. 

"Even those who were not concerned for their health and safety understood the financial ruin that would come from a 37% increase for SCE&G ratepayers.  None could understand why SCE&G would make them pay for the new units when their community had suffered so much already.  Jenkinsville is not a prosperous community. Google Jenkinsville, SC, businesses (which I did this afternoon) and nine of the top ten listed are on I-26 – more than ten miles away. Number 10 is in Winnsboro, more than 18 miles from Jenkinsville.  If SCE&G is granted this rate increase, many citizens of Jenkinsville will not be able to keep their lights on – yet they will bear the brunt for the rest of us who claim to need those reactors.

"I should not have to come before you to represent the community of Jenkinsville, but in Jenkinsville, many people work more than one job; they cannot afford to take time from work and drive to Columbia.  Besides, they do not believe anyone here cares about them. Before any decision is made, this Commission has a duty to visit Jenkinsville, host a town meeting there and solicit public comment.  It is the least you can do for a community that is sacrificing so much!

"Jared Diamond, in his recent book Collapse: How Societies Choose to Fail or Succeed, points out that creating a mess is often profitable, but cleaning up ones own messes is never profitable. Therefore, corporations can be expected to walk away from every mess they make, if possible, leaving it for taxpayers to bear the cost. So not only does SCE&G want us to pay for them to make a nuclear mess – they will most likely skip out in the end and leave it for future generations to clean up – or die trying."

After compMy name is Arnold Karr. I am the Director of the Carolina Peace Resource Center, which is a nonsalaried position, and I live at 935 Main St. in Columbia.

On Monday, council for SCE&G entered an ongoing objection to public testimony being entered into the official record of these proceedings on the ground that it violates the corporation's due process rights under the 14th amendment to the U.S. Constitution. I should like to object to the notion that a corporation is a person with all the rights accruing to real human persons. I object that such a legal fiction, combined with the virtually limitless financial resources of a multi-billion dollar corporation, as SCE&G is, renders the rights of real human persons negligible in the face of corporate hegemony. I am aware, of course, that the Courts of the United States have ratified this myth of corporate personhood and that this commission has no authority to set aside the Supreme Court's errors. But that is my ongoing objection to these proceedings.

Taking, for the sake of argument, SCE&G's claim of personhood with its attendant rights, I should like to testify that SCE&G is a bad corporate citizen and cannot be trusted to answer to anyone but their shareholders. Case in point: in the past, SCE&G was granted monopoly status to sell electricity and natural gas in Richland County, in exchange for a promise to provide public bus transportation. This, of course, cut into their profits, because public transportation is rarely if ever a profit-making venture. How to get out of a service contract when it is not to the other party's advantage to release you? Prove yourself so dreadfully incompetent that they will beg you to go away! Which is exactly what SCE&G did. They mismanaged the local bus system so badly, or should I say so skilfully, that they were able to boast to their stockholders that they had cut ridership in half before Richland County Council allowed them to buy out their obligation. I offer this expample as character testimony – if you base your ruling on the preponderance of  the evidence, you must consider who is more likely to be telling the truth and who is likely to do what they say they will do. Past behavior indicates that, whatever SCE&G promises to do will be tempered, in the end, by the bottom line.

So, what of SCE&G's current record as a corporate citizen? Perhaps they have reformed.

In the summer of 2008, Carolina Peace Resource Center and the Southern Energy Network partnered on a listening project in the Jenkinsville community.  For people who are accustomed to being ignored, to having decisions made for them without being consulted, simply being asked about their day to day lives can be a profound experience. It reveals a story we seldom hear about the cost of progress.

Many community members expressed serious concerns about the health and safety implications of living near a nuclear reactor.  Many said they could not hear the sirens during disaster drills, that no one knew what to do in the case of a nuclear accident.  SCE&G had provided no evacuation plans or other important information.  Others could point from house to house on their streets, naming who had suffered or died of cancer, or lost a loved one to cancer.  Older residents remembered the days before Virgil C Summer Unit One came online and said they believed the rising cancer rates were connected to the reactor. 

Even those who were not concerned for their health and safety understood the financial ruin that would come from a 37% increase for SCE&G ratepayers.  None could understand why SCE&G would make them pay for the new units when their community had suffered so much already.  Jenkinsville is not a prosperous community. Google Jenkinsville, SC, businesses and nine of the top ten listed are on I-26 – more than ten miles away. Number 10 is in Winnsboro, more than 18 miles from Jenkinsville.  If SCE&G is granted this rate increase, many citizens of Jenkinsville will not be able to keep their lights on – yet they will bear the brunt for the rest of us who claim to need those reactors.

I should not have to come before you to represent the community of Jenkinsville, but in Jenkinsville, many people work more than one job; they cannot afford to take time from work and drive to Columbia.  Besides, they do not believe anyone here cares about them. Before any decision is made, this Commission has a duty to visit Jenkinsville, host a town meeting there and solicit public comment.  It's the least you can do for a community that is sacrificing so much!

Jared Diamond, in his recent book Collapse: How Society Choose to Fail or Succeed, points out that creating a mess is often profitable, but cleaning up ones own messes is never profitable. Therefore, corporations can be expected to walk away from every mess they make, if possible, leaving it for taxpayers to bear the cost. So not only does SCE&G want us to pay for them to make a nuclear mess – they will most likely skip out in the end and leave it for future generations to clean up – or die trying."

Thanks to Sara Tansey, who wrote most of my remarks on the listening project.

 

 

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