ML19209B938

Suppl to Petition to Intervene & List of Contentions,Per ASLB 790806 Order.Contends That applicant-proposed Plans Will Infringe on Constitutional Rights of Petitioner. Certificate of Svc & Supporting Documentation Encl

ML19209B938
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	09/13/1979
From:	Van Slyke G AFFILIATION NOT ASSIGNED
To:
References
NUDOCS 7910110246
Download: ML19209B938 (71)

Text

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• 9 G11TED STATES OF ABERICA fV- 0)Q ))

NUCLEAR REGUIE1 DRY OOSNISSIOJ 1

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HOUS' ION LIGrrING NJD POWER COffNiY S Docket No. 50-466 CP Allens Creek Nuclear Generating S Station, Unit 1 SUPPLIM27P 'IO PUr1 TION 'IO IIIH/ENE AND LIST OF GX7PDITIONS OF PETITIOJER, GLCJ VNJ SLYKE I.

TIbELINESS OF SUPPIDDTP 'IO PETITION By its " Order Scheduling Special Prehearing Conference" dated August 6, 1979, the Board ordered this Supplenent to be filed by Septenber 14, 1979.

Pursuant to the Rules of Practice for Domestic Licensing Procculings, this Pctitioner is permitted to file his Supplerrent and List of Contentions not later than fifteen (15) days prior to the Special Prehearing Conferenx, nr.u Entrdul.d for October 14 1979, 10 CFR S 2.714(b). Petitioner is allowed by law until September 30,197>, to file this document, and therefore roves the Board to enter an amended order ,llowing all petitioners in this pro-ceeding until Septerrber 30, 1979, to supplemnt their petitions and list their contentions. Although Petitioner has had inadequate tim to propure this Supplerunt and List of Contentions, he has tried in good faith to conply with the Order of August 6,1979, by filing the following contentions on or before September 14, 1979. Petitioner intends to file additional tinely Supplerunts to his Petition on or before Septenber 30, 1979, in cxtrpliance with 10 CFR S2.714(b) .

II.

PETITIONER'S STANDING

1. Petitioner is a resident citizen of Houston, Harris County, Texas.

2. Petitioner resides portranently at 1739 durshall, Houston, Texas.

3. Petitioner's residence, place of aq)loynent, and scope of daily activities are all within approxinately forty-five (45) miles of the proposed Allens Creek Muclear Generating Station, Unit 1.

4. Petitioner is a residential utility custoner of POUS' ION LIGITING AND POWER COMPANY.

5. Petitioner is a registered voter in Harris County, Texas.

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6. Petitioner owns his hone and lot at 1739 Ftirshall, licuston, flarris County, Texas, the value of which will be neasurably decreased by its proximity to the prosed Allens Creek plant.

7. Petitioner is a member of the FDCKINGIRD ALLIN!CE, an unir.corporated civic association opposed to the construction of the Allens Creek plant, Petitioner's South Texas Nuclear Project, and the construction of all nuclear electric generating plants. Petitioner has twice spoken publicly before the liouston City Council, identified himself as a nenber of BOCKINQIRD ATLTANCE, and opposed the inclusion of the costs of Construction Work In Progress (CWIP) in the electric rate base of IIL&P (EXIIIBIT 1), and has prepared and signM pleadings subnitted to the Texas Pt.blic Utility Cormtission opposing the inclusion of the cost of the Allens Creek Plant an IIL&P rate hike regxst now pending before flouston City Council and the Texas PLC. (EXIIIBIT 2)

8. Petitioner has been the subject of illegal political spying, surveillance and harassnent in liouston, Texas, for over nina (9) years, in derogation of his rights of privacy, political association, and legal political activities. (EXHIBIT 3)

9. Petitioner, individually anC as a number of >HCKINGBIPD ALLIANCE, -

seeks to pursue his constitutional 1y prutected rights to freedmi of association, political assenbly, and to freeckm of speech and to peacefully assenble with others for a redress of grievances, and particularly through public speaking, rallies, teach-ins, assenblics, meetings, pickets and narches, to continue to oppose the construction of Allens Creek plant, and to encourage others to do so.

10. Petitioner contends, as hereafter nore fully described, that the Applicant's proposed plans for compliance at the Allens Creek plant with the regulatory requirenents for " Physical Plutection of Plants and Materials", set forth in Title 10 CFR, Part 73, do not adogmtely insure that Applicant's security plan will not unlawfully infringe on Petitioner's exercise of the constitutionally protected rights described in the foregoing Paragraph (9). Further, the Applicant's security plans and practices will, in conjunction with Applicant's coordinated security efforts with local, state and federal law enforcerrent 1130 277

authorities, contravene the restriction of of 10 CFR, Part 73, that the NPC regulatory schene neither " authorizes or requires a licensee to investigate into or judge the reading habits, i

political or religious beliefs, or attitudes on social, emnanic or political issues of any person."10 CFR, Part 73, Appendix B.

" General Criteria for Security Personnel" , I.G.

11. Petitioner has no other neans by which the inadequacy of Applicant's proposed security plans can be challenged than to directly intervene in this procculing.

12 Petitioner's interest may be reasonably expected to assist in developing a sound record. Petitioner has done considerable research into the constituionally ing:mtissible acts and practices of the nuclear security industry, as evidenced 17/ the attached exhibits, and will assist the Board in developing further evidence with which to judge the likelihood of Applicant's coupliance with constitutional standards in its industrial security program at Allens Creek.

13. Petitioner's interest will not be adequately represented by existing parties, because no other petitioner, party or intervenor has raised contentions challenging the legality and sufficiency of Applicant's security plans. Petitioner's specific interest in freedan from illegal surveillance is sufficiently concrete and presonal to assure adequate representation of this interest.

14. Petitioner's interest will not broaden the issues or delay the proceedings unnecesarily, as he seeks only to subject the 7pplicant's security program at Allens Creek to articulated and readily ascertainable constitutional stiuxlards.

15. The nature of Petitioner's right under the Atanic Energy Act of 1954, as anunded, to be nude a party to the proceeding, is that his health and safety will be adversely affected by the non-compliance of the Applicant's security plan, associated with the construction of the Allen's Creek plant, with constitutional guarantees protecting the rights of Petitioner ret forth in Paragraph (9) above, and his rights to be free frm unreasonable searches-and seizures of his person, papers and effects, and to be free fran arbitrary detention, surveillance, harassnunt or which deprives him of these liberties. 42 USC 52239.

16. Petitioners's interest in this proceeding is not a vague, undifferentiated interest in civil liberties, but a personal and concrete interest in his physir:alhealth and safety, and in the adverse effects on his health and safety which Applicant's security procedures will have if they are not designed to conforni to constitutional requirenents and the requirments of 10 CFR, Part 73. Specifically, Petitioner's intermt is in freely participating, as an individual and as a nenter of FOCKINGBIRD ATJ.TANCE, in peaceful activities apposing and organizing public opposition to Applicant's Allens Creek plant, free frca x11 awful intimidation, harrassment, surveil.ance or detention by Applicant's security personnel.

17. '1he effect of an order in this proceeding allowing Applicant to proceed with the construction of the Allens Creek plant under its present inadequate security plan would be to subject Petitioner to a real and unjustiff al risk of illegal harassment, intimidation, surveillance and detention by Applicant's security personnel and law enforcenent acting in conmrt with them, in violation of the United States Constitution and 10 CFR, Part 73.

LIST N 03VIUTI'ICUS

1. The Applicnnt's security plan and its "Ceneral Performnce Require-nents" fail to define the term " industrial sabotage" so as to insum that its onsite physical protection system and security organization will respond to any violent phyrical assaults on Allens Creek Plant in a different manner tha.1 to peaceful, legal protest gatherings. This potential for a violent and unjustified security response to peamful protests is further complicated by the Applicant's inclusion of " deceptive actions. .. of several persons...well-trained...and ded.cated individuals" within the definition of " industrial sabotage." 10 CFR 573.55(a) (1) . Such a description could include a disciplined group of peaceful protestors outside the plant perineter who posed no threat of sabotage, but who would be met by an unwarranted response, including perhaps deadly force, by Applicant's security personnel. This possibility is particularly enhanced by the tendency cf security 4_

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personnel to classify evnn peaceful prutestors who useful lawful treans to oppose nuclear plant construction u " terrorists."

(EXHIBIT 4).

2. The Applicant's plans for ccnpliannwith the " Physical Security Organization" (10 CFR S73.55(b) are int adequate to insure that its security personnel will not engage in illegal surveillance and intelligence-gathering against individuals and organizations opposed to the construction of Allens Creek including tetitioner and other nunters of FOCKINWIRD AILIRJCE. In particular, the following " areas of knowledge, skills and abilities" considered in the Applicant's security training plan are not sufficiently definite to insure that illegal surveillance and harassnent will not be directed against Petitioner (10 CFR, Part 73, Appendix B.II.D.):

(a) " 9. Adversary group operations.' No sufficient definition of the term " adversary group" is given so that Petitioner can determine whether FOCKINGIRD AILIANCE and his activ-ities in it could be considered an " adversary group."

(b) "10. fbtivations and objectives of adversary groups." '1his area of expertise could ostensibly be acquired only by infiltration and surveillance of such groups. No standard is specified so that Petitioner can deterTaine whether his participation in FOCKINQIPD ALI.INJCE would subject him to such surveillance.

(c) "11. Tactics and force that might be used by adversary groups to achieve their objectives." Again, the acquisition of this knowledge could be gained by Applicant's security personnel only by infiltrating and surveilling such gruups, which could arguably include FOCKINWIFD RIR;CE.

Security enployees of the nuclear pcwer industry and those acting in concert with than have a history of infilrating and harassing peaceful anti-nuclear groups, and Applicant is likely to engage in such unlawful activity unless dafinite standards and restrictions are included in Applicant's security program. The following list of such abuses, although not ccaclusive, is sufficient to docunent tae need for such restrictions:

(1) Atanic IrKlustrial Forern. Obtained backgruund informtion

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. and progress reports on individuals and groups known to oppse nuclear power, including Sierra Club, Friends of the Earth, Environ:mntal 1ction, and Ralph Nader, which were provided to local utilities. (EXHIBIT 5)

(2) Georgia Power Ccmpany. Maintained a S750,000 annual intelligence budget and nine full-tine undercover agents to conduct surveillance of anti-nuclear groups, including Georgia Power Project and the Coorgis Civil Liberies Union.

(EMilBITS 5, 6, 7, 8 and 9) .

(3) Pacific Gas and Electric. Cclected and disse:ninated private information about nuclear opponents, and hired security consultant Jerry Ducote to steal anti-utility organizational files frcxn the home of San Francisco resident Grace Mcdonald.

(EM11 BITS 5 and 7).

(4) Westinghouse Offshore Power Systm. Illegally atterpted to obtain arrest records on Jacksonville, Florida nuclear power opynent Joseph Cury. (EXHIBIT 7 and 9).

(5) Public Service Company of Nea flanpshire. Hired former State Police Lieuteneant Donald Buxton to continue gathering intelligence aabout and characterizing as " terrorists" the Clamshell Alliance. (EMIIBITS 5, 9 and 101. Paid S12,836 to Operational Systems Incarporated to develop a " contingency plan" for its Seabrook plant "that would include everything flun nuclear terrorism to political dcronstrations."(EXHIBIT 5) .

(6) bbuntain Fuel Supply. Enployed Federal Security Network Agency to spy on an anti-nuclear group in the Salt Lake City YWCA, including electronic listening devices. (EXHIBIT 8).

(7) Atlantic Electric. Enployed a ' ublic relations man" to interrogate a wutun who testified at a New Jersey hearing on a nuclear generating Station (EXHIBIT 10) .

(8) Public Service Electric and Gas Conpany. Filmed and conducted surveillance of dmonstrators at the Salem Nuclear Power Plant (EXHIBIT 10).

(9) Detroit Edison. Attenpted to disseminate informatio on the Public Interest Research Group of Michigan (PIIG1) to university regents to discontinue the organization's student funding and anti-nuclear organizing efforts.

(EXHIBIT 10).

1130 281 (J 0) Jersey Central Power and Light. Two of the utility's employcees gave fictitious addresses and posed as news photographers to infiltrate and photograph a anti-nuclear teach-in of New Jersey's SEA Alliance. (EXIIIBIT ll) .

(11) Virginia Electric and Power Ccxnpany. Af ter denying for two years that undercover security agents were sent to infiltrate and gather intelligence on anti-nuclear groups (EXIIIBIT 12), an security of VEPCO's construction contractor at its North Annan Plant admitted that he infiltrated meetings of the anti-nuclear Piedmont Alliance and the Virginia Sunshine Alliance in 1979. (EXIIIBIT 13) .

(d)"25. Surveillance and assesamnt systems and techniques." Applicant's security plan does not provide safeguards to insure that any surveillance systems and techniques will be restricted to constitutional standards, or will not result in illegal electronic surveillance, invasion of privacy, illegal detention or other irpermissible surveillance techniques. Particularly, Applicant's plan does not restrict the use of contractor personnel or contacts with the following private security organizations which have engaged in illegal acts against nuclear pcuar opponents in the past, or similar organizations:

(1) Iaw Enforcement Intelligence Unit. A nationwide private intelligence network which has illegally collected and disseminated infornution to some 225 ment >er organizations since 1976. (EXIIIBITS 4, 5 and 10) . The Texas Departm2nt of Public Safety is a trnber of the LEIU. (EXIIIBIT 14) .

(2) Information Digest. Newsletter compiled by ex-police undercover agent John Poes, and distributed to police intelligence officers and private security consultants.

(EXIIIBITS 5, 7) . IIas disseminated false and dercxjatory information about the anti-nuclear Georgia Power Project (EXHIBIT 10) and Clam Shell Alliance (EXIIIBIT 15) .

(3) Research West. Has provided infornntion on nuclear power opponents gathered by burglaries to Pacific Gas and Electric and Georgia Power. (EXIIIBIT 7) .

(e)"58. Security coodination with local law enforcement authorities.

Applicant's security plan does not specify standards to assure 1130 282

that the combined efforts of Applicant's security personnel and law enforcenent agency's will be directed against indust. rial sabotage and theft of SSNM rather than interfering with legal and constitutionally protected activities by Petitioner, SOCKINGBIRD ALLIANCE, and other opponents of Allens Creek. Specifically, security safeguards should be required to insure constitutional sttryltnis will be maintained when the Applicant's security personnel aamunicate and cooperation with the following local law enforceint agencies at the Allens Creek Plant:

(1) . Texas Department of %' % Safety. ILu engaged in surveillance and harassnent of Dallas area anti-nuclear activist Ibbert Poneroy in an attaq)t to undennine his opposition to the Commance Peak plant. (EXHIBITS 7, 10, 16 and 17).

(2) . Fede..a1 Bureau of Investigation. Has engaged in political surwillance of retitioner (EXHIBIT 3) , Clamshell Alliance, Abalone Alliance, Palmetto Alliance, collecting information frun utility employees and sharing it with other utilities, incluitng infonnation obtained from the National Crine Infonnation Center (NCIC) and distr 'uned to Georgia Power Carpany and Alabann Power Canpany as well as investigations on over 2,000 individtuls per year provided to the NRC and DOE. (EXHIBIT 18).

(3) . Depart mnt of Energy (DOE) . Collected owr 100 pages of documnts in its Division of Nu;1 ear Pescarch and Applications, Office of Industry, State and Iocal Pelations on attitudes of citizens groups in the Midwest opposed to nuclear poacr; canducted "camunity surveys" in the area of the Hartsville, Tennessee TVA nuclar Ix:wer plant "to identify supporters or opponents of the plant"; and maintains " Investigative Files" on " individuals involved in miscellaneous investigative nutters." (EXHIBIT 19) .

(4) . Nuclear Peaulatory Coninission (NRC) . Has collrcted intelligence in accordance with the reconmendations of the 1974 Ibserbaum Report (" infiltration of the groups thcaselves...oncping analysis of the attittries of the people in the plant and he conraunity around the plant"); the 1975 Mitre Report 1130 283

(recmm2nding surveillance of "any novament which organizes very la go dmonstrations" by unintaining "a close working relationship with the intelligence etmnunit',") ; the 1975 Barton Report (reccruending " clearance procedures and continu-ing surveillance of potential dissidents which create the greatest danger to association and discussion") (EXHIBIT 20);

to NUREG-0335(NRC-13) , which recam2nds "develognent and operation of central intelligence gathering and analysis prugram dcaling with potential threats to the nuclear industry" as well as a " program of rewards for infonnation on potential adversary actions (paid informants. (FaGIIBIT 21).

In particular, these intelligence activities, which have escaped constitutional boundries, are organized into the following categories (EXHIBIT 22) :

(a) Contingency Planning Branch, Division of SaftyTrds.

In a briefing book prepared for testinony before the House interior Cormiittee's Subcamittee on Energy and Environment in 1976, the I E proposed contingency plans to counteract the legal activities of protest grcups "locsely organized to prarote a cause by mass rallies, oublic display, marches and pickets."

(b) Infornation Assessnent Team. Notified nuclear plant operators and intelligence officials of a false report in 1976 that "notorcycle gangs and Indians" would take over the Zion Nuclear Station, and alerted Pennsylvania police to look for " terrorists" after high radioactivity levels were dis m vered at a nuclear plant there in 1976. (the readings were caused by a Chinese bonb test.)

(c) HTnager of Special Projects, Contingency Planning Branch.

Cooperates with Air Force intelligence in collecting inforrntion on "dmonstrations against nuclear facilities and weapon sites."

(f) "75. Response to civil disturbances (e.g. , strikes, denonstrators) ."

Applicant's security plan specifies no standards by which Petitioner can asmrtain whether a peaceful protest will be nut with security personnel force, including deadly force, necessary to quell a violent " civil disturbance."

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3. The Applicant's plans for compliance with the " License

- Safeguards Contingency Plans" (10 CFR, Part 73, Aptrndix C),

are inadequate to determine whether they will impinge upon Petitioner's constitutionallly protected activities in opposition to the construction of the Allens Creek plant, includng the following inadequacies:

(a) Background. NRC regulations specify that the Applicant's contingency plan contain not only a description of the

" Perceived Danger" to wilich the plan is directed, but also a discussion of the " general aims and operational cx>ncepts underlying the plar.', a " delineation of the types of incidents covered in the plan", and a list of

" tents and their definitions used in describing operational and technical aspects of Sc plan.'i10 CFR, Part 73, Appendix C.l.) Apllicant's plan does not aanply with this requirenent.

(b) Pneric Planning Base. pllicant's plan doec not contain the required " identification of those events that will be used for signalling the beginning or aggravation of a safeguards contingency." Petitioner specifically objects to Applicant's failure to identify whether lawful zctivities which may be initiated by a peaceful derronstra-ions will be perceived as " threat indications - cither verbal... or implied, such as escalating civil disturbances" which will activities the Contingency plans, including the use of deadly force. (10 CFR, Part 73, Appendix C.2.)

c) . Licensee Planning Base. Applicant has failed to s[ccify either a " listing of available law enforcenent agencies" or "crmpany policies and practices that govern . . . response to incidents", incltvling Applicant's policy on "Use of deadly force" or " Site security jurisdictional boundaries."

Providing such infornation in compliance with 10 CI71, Part 73, Appendix C.3. would allow Petitioner to cr; ordinate and plan is lawful activities so as to avoid inadvertently incuuring the resirnse, inclu3ing deadly force, of the Applicant's security personnel to a perceived " threat indication" from a peaceful protest.

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?/ V Dated 3/13/79 Glen Van Slyke, P6titioner l)).nU 285 1739 Marshall Hoonton 9bxas 77098

CERTIFICATE OF SERVIG I certify that one original and twnty (20) copies of the foregoing Supplanent to Pctition to Intervene and List of Contentions, together with attached exhibits, were this day mailed to the Secretary, U.S. Nuclear Regulatory Cae.Osion, Washington, D.C. 20555, Attention: Chief, Docketing and Service Section.

Dated Septenber 14, 1978 h ,

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NUCLEAR POWER AND CIVIL LIBERTIES CAN WE HAVE BOTH?

Researched and Written by Donna Warnock Edited by Kr. Bossong 1978 SOURCE FOR TIIE FOLLOWII;G:

EXHIBIT 10 EXHIBIT 18 EXHIBIT 19 EXHIBIT 20 EXHIBIT 22 NOTE- Questions concerning the content of this report should be directed to Donna Warnock: 324 Westcott Street, Syracuse, New York 13210.

h by the Citizens' Energy Project , 1979 ibitizens' Energy Project 1413 K Street, NW, 8th Floor, Washington, D.C. 20005

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linuston Chronicle *** Parc 2. Sectinn I Thursday. August 30.1973 Council is urged to reject HL&P rate hike request Ten persons hate urged City Council to reject flouston Lighting & Power Co.'s request for a $179.4 million rate increase.

A majority of the speakers before City Counct! Wednesday said they were mem-bers of anti-nuclear organizations, and opposed tilAl"s plan to use a large por-tion of the rate merease to help finance construction of nuclear electric generat-ing plants in Texas.

Bryan Baker and Caryl Ohrbach, both members of the hlockingbird Athance, said lilAP is "gambhng" targe sums on the construction of the nuclear facihties.

They said the company is facing a tremendous amount of cost overruns on the South Texas Nuclear Project at Bay City.

Cham Dallas, a graduate ntudent at the Umversity of Texas School of Public ilcalth here. said he was not a member of th anti-nuclear group, but opposed con-structton of the nuclear plants.

lie said that u his opinion a rr.ishap at the Bay City plant could endanger the health of the 2 milhon persons living in

.ne !!auston area illAP requesied the rate increme in July Council has not yet set a pubhc he aring on it.

Lyor Jim lhConn said nuclear ener-g) is a " viable alternative" as an eni rp source. and should be pursued in the ab-sence of ether alternative energ. sources Severe! speakers urged council to suppirt a shtt't to wlar energy as an alter-native source

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UN ITED STATES del'A RT.\l ENT 01' J t!3TICE F EDER AL BUHEAU OF INVESTIG ATION in a,pty,iw, Refer ro 6015 Federal Building fue A* 515 Rusk Avenue Houston, Texas 77208 July 20, 1978 Mr. Glen E. VanSlyke, III 173D Marshall Houston, Texas 77098

Dear Mr. Van Slyke:

This is to confirm your letter dated June 11, 1978 in which you requested information under the Freedom of Information Act and Privacy Act in our files pertaining to you.

Enclosed herev'ith is one page of information from our files concerning you. For your information certain exemptions have been claimed in order to deny certain material to you. These exemptions are set out in the Freedom of Information Act which you cited in your original letter of request.

The Freedom of Information Act, Title 5, U.S.

Code, 552, provides for exemptions under Subsections (b)(7)(c) which exemption has been claimed in denying certain materials ,

to you as well as Subsections (b)(7)(d). An explanation of those exemptions are set out on a sheet attached hereto.

For your information, additional informatin about you which was located in the Houston files has been referred to FBI Headquarters as provided in Section 16.57(c) of the Code of Federal Regulations. You will be contacted directly by Headquarters concerning the releasibility of that material.

You have 30 days from receipt of this letter to appeal to the Deputy Attorney General from any deaial contained herein. Appeals should be directed in writing to the Deputy Attorney General, Washington, D.C., 20530.

Very truly yours, CH LES E. P EE Sp cial Age in '. arge

1. pu% LAD E ) k 4- \; Enc . By:

i DANA E. CARO, Assistant k, , M [8 [f } Special Agent in Charge 1130 289

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.V Memorandum TO  : SAC, HOUSTON. (100-10839) nn?.: 5/7/70 rnou : (b) (7)(cT sunJEcr: NEW IIFT MOVEMENT On 4/30/70, N , Security Officer, Rice University, made available a list of names of students who he considers " radical students" on the Rice University campus.

He stated that any demonstration activities occurring on the campus would normally involve any or all of the below listed students: ,

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GLEN E. VAN SLYKE

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Action: Index the above names for further reference..

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. stitutional, the entrenched political power of the rich has mercial free speech, because activities designed to pro-been significantly reinforced. duce goods and senices required for human life must be aMy lost,

~1 he serins legal significance of the First National subjeu to the power of unlimited regulation in order to ' 'I'II Bad decision concerns First Amendment doctrine. Es- serse society's best interests. To bestow :he protection of ligence semully, it is this: if, as the Coart says, the First Amend- the First Amendment upoa business cheapens its purpcsc. seen to mem rights of corporations and individuals are identical, I have one reservation and one paradox. ""'#

then application of the principle must Mso be identical. Corporations which serve as the vehicle for communi- '**"#'"* l

'I he inevitable result is either that individual free-speech cation of information and ideas, and for cultural and E'

• 5 rights will shrink so that we all suffer, or that corporate artistic activities-newspapers, books, journals, a;t and free-speech rights will expand-so that we all suffer. One films are some examples-must have special protection example, adequate if not perfect: it is now a fundamental because of their intrinsic nature. This magazine, for ex- The principle, though it hasn't always been, that the state ample, though a busine s in corporate form, must be .

m iellige cannot suppress the circulation of, say, Socialist doctrine treated differently than Mobil Oil, which is also a busi- has pr on the theory that it is, or may be, a threat to the political ness in corporate form. The difference is that governmeat countrie status quo, or that it is " fraudulent." At the same time, f teno it is equally basic that corporate advertising is subject must be kept at all costs from regulating The Nation's . and it h business of publishing and be required at all costs to to limits, either because some products, cigarettes for ex- toris t,,

regulate Mobil's business of producing oil.

ample, are thought to be physically harmful, or that My paradox concerns Rehnquist's dissent. He is the '*C *

• claims for some products are thought to be fraudulent. Court's hard-line right winger and ht has no taste for able to I hose two divergent principles cannot exist side by side the idea of liberty. Do not think that in dissenting with in the law's quest for symmetry, if both corporations and White, Brennan and Marshall he has been converted to a mdisiduals are to share the same degree of protection liberal position on the right to regulate corporate speech.

under the First Amendment-especially when judges feel His position rests on the belief that the Constitution al- *[ "

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more strongly about corporations than they do about in- kidnap'o lows the states to suppress neryone's speech, including dividuals. One of the principles must yield. bery,th corporations. It is what he blandly calls his " limited ap.

The one answer that serves the interest of % sast ma- plication of the First Amendment to the States." He re-or the jority of the people is rejection of the concept af com- force th mains a menace to all of us. O tenoris.

a psych recalls IN FELLIGENCE ON THE ATTACK

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propaga defensel THE TERRORIST AS SCAPEGOAT 0*:

handful FRANK DONNER conservative economic and social order to be lightly aban- Aldo M doneJ. The continuing wor!Jaide crosion of capitabst on cur i hanks in large part to the war in Vietnam and the 1 Politi s conomic and social structures has placed a new urgency squalor of Watergate, there has deseloped in this country o. the defense of the status quo, and intdligence, a tivated a political movement temporarily hostile to the assump- process ini.erently secret, is an almost inesitable weapon s}'mboli aons and processes of the intelligence agencies. As a of choice for a political order re3 trained by constitutiona!

result, Amer,cani society is freer and more open today norms from taking direct and overt repressive action. *g [-IS than it was ten or fifteen years ago. But repression has Disorde

.:self been repressed before in this country and hsed t But how is such a revival of now discredited practices mission return upon us. There was an exposure of abuses to to be achiesed? The trump card of intelligence is de only h lemocracy in tne 1920s, after the post-World War I demos: the agencies claim to act on the authority of a vorced aunting of radicals, but by 1930 the Fish Committee public that fears unseen foes-domestic Communists, foreign agents-and will assent to whatever measures are has bee was able to rally a national counter-subversive constitu- report ency. The professional patriotects have always called for deemed necessary to frustrate designs on a sanctified American Way' of seem to atensified intelligence activities, and Fish was followed by Life. 'Ihis way-of-life constituency, or radi

\lartin Dies, J. Edgar Hooser, the cold war that spawned mobilized against political change by social fears, has formal ileCarthyism and finally the frenzies of the 1960s. One historically nurtured the FBI's power. And even today The-nast recognize, therefore, that the prospect for a revival the agency continues to rely on that protection, citini a count f traditional political mtelligence activities is quite reahs- a transcendent " responsibility" to " society" or the " Amer-to'the ae-that, in fact, present conditions favor ,t. i ican people" as its defense against charges (typica'ly jnyolvi, condemned as "palitical") of abuse of power.

Inte!!igenu as a means of containing movements of hange is simply too powerful a weapon in a highly American conservatism-today called the New Right, * ^cc."d v

though it is hardly new-is at root a politics of fear , h$*[e$s rank Donner is director of the American Civil Liberties and negation. It cannot function without an enemy, a ce linion research project on pohrical neveillance and author hostile "they, a s:apegoat. Pethaps from oretuse, th:

1 a forthcoming book on the subject (Knopf). aso Communist menace, in its familiar guises, has consider- de.ch a penalty f [

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/

attnbutable to right-wing and racist sources and thus l ab'ly lost the power to chill. The presence of foreign spies useless as documentation for a counter-subversive of-

. is still being alleged to justify a free hand for the intel-

' :q:ence agencies, but those that have been exposed are fensive. Morec,er, many groups linked to viuence at both ,

ends of the spectrum were transient produc s of the 1960s  ;

' seen to have operated at a level too modest to create a '

sense of national danger. Fortunately for security bu- and are now defunct. And the problem i, further com-l reaucracy and its New Ccuservative constituency, a more plicated by the fact that groups on th: Left which are ,

oriented toward violence have a culti. nonideo!ogical promising scapegoat is at h*nd.

thrust that resists even the most straine. application of the " Communist" label. In this less tl n satisfactory situation, the intelligence propagandists neve heless retain The primary contemporary candidate for expanded the Communists as a target on the ground that their intelligence operations is terrorism, a phenomenon that present disavowals of terror are merely tactical decep-

, has profoundly shocked popular consciousness in all tions to be abandoned when the time is ripe.

countries of the West, even in those that are not theatres of terrorism. Its intent as a tactic is to generate fear The propagandists also insist, despite a total lack of evidence, that the domestic version of terrorism is a mani-and it has succeeded.' Like the word " subversive," "ter.

festation of a worldwide phenomenon rooted in a shared rorist" has acquired vague and sinis:er overtones which ideology. T he German Red Cells (successors to the Baader recommend it for use in creating a climate favor.

Meinhof emg), the Italian Red llrigades and the PLO '

able to the renewal of counter-subversion. This sanantic are, so tue argumen, runs, constituents of a common murkiness is coupled with the fact that tactics associated with terrorism (hostage taking, bombing, syjacking) conspiracy which also embraces domestic groups such as New World Liberal Front (NWLF), Red Brigade and are used in nonpolitical crimes, and that terror may be an intended e!cment of such crimes, as in the case of Weather Underground, all California-oased. Improved channels of communication and financial support (from kidnapping, robbery, extortion and rape. Thus bank rob. the Soviet Union) will in the future, it is alleged, estab-bery, the seizure of an airplane by a criminal fugitive, or the bombing of a gangster's car sow images that rein- lish the now-hidden connections between the domestic bombers and their transnational counterparts. Even if the force the consciousness and heighten the fears of political threat is still inchoate, special intelligence initiatives are terrorism. Exploitation of terrorism as a major tactic in required to monitor and prevent its emergence; consider-

, a p.ychological warfare campaign to restore intelligence ing the gravity of the danger, it would be foolhardy to rec-Ils the saturation technique of the pieds noirs in ,

wait. Ideology satistics a second, equally important, need: .

theit 1962 attempt to force a reversal of de Gaulle's decision to pull out of Algeria. A major theme in this it prewrves the expansive process of irnputation de-veloped by domestic intelligence over the past four i propaganda assault is the warning that we have been left decades. A nonterrorist organization can be tagged for defenseless against European-style terrorism by Left-led survedlance as a terrorist front, a support group, a de-dismantling of our intelligence stmetures. Scenarios of fender, a source of cadres, a suspected protector of fugi-  !

helplessness to prevent a seizure of the Capitol by a tives; or-because it f ails to denounce terrorism with suf-handfd of enrag/s are floated in Congressional testimony.

ticient vigor-as en apologist. {

Aldo Mords murder is attnbuted to Communist insistence -

en curbing Italy's political surveillance capability.

Political terrorism in its modern form-political'y mo-To maximize its leverage, the specter of terrorism -

tivated exemplary siolence, indifference to human life, must be tied to resolutionary violence, to ' communism" symbolic targets, the intended creation of overwhelming -f r it is precisely the image of bomb throwers that is 3 fear-is not a serious problem in the United States. As identified in the nativist consciousness with revolutionary pointed out in a 1976 report by the Task Fotce on c mmunism. Although historically an anarchist political ,

Disorder and Terrorism of the National Advisory Com.

mission on Criminal Justice Standards and Goais, not tactic, bomb throwing has been popularly associated with ,

all rev lationary n. vements. The 1919 bomb scares en-only has domestic terrorism been just that-totally di. gendered the stereotype of the revolutionary, the bearded sorced from such activities in other countries-bu't "it Ikishevik, armed with a smoking bomb. To be sure, the has been neither sustained nor effective." Moreover, the nunuscule corps of left-wing bombers concentrate on ,

report concludes," conditions in the United States do not Property and seek to avoid injury to persons, thus falling seere to indica a massise expansion of terroristic activity ('

short of the " reckless disregard of human life" formula or radical change in its nature or its extension into of the 1920s. Ilut that is a detail. ,

formal guerrilla warfare." lhe preservation of the atTective power of anti-com- -

There are other obstacles to the use of terrorism as mumsm at the grass roots has obvious value beyond a counter-subsersive battle cry against the Left. According enhting popular support for domestic survei!!ance. More' to the Task Force's chrono logy (1965-76) of incidents broadly, ,ti consolidates a constituency in defense of capi-involving political violence, a substantial number are talism and support for hawkish foreign policies and huge

• According to a Decernber 5,1977, Itarris survey: 90 percent of military budgets. Such politica'. returns could hardly be Amercans view terroram as a serious problem. 76 percent see expected from the modest political realities which estab-the renon for the growth of terrornm as " countries of the world .

lish that domestic terrorist groups have h.mited aims have been too soft m deating with terrorists" By $5 to 29 percent.

Americans would 'upport a "speciat world police force which (prison reform, ecology, health care, reduction of utility would operate jn any country to msestigat,e, arrest and put 1" rates) and that, historically' political violence in this scath terrornts ; l'y 55 to 31 percent, Amencans favor the death . .

country has not been . insurrectionary in intent, although penalty for terrorists, THE MTw,/ Afoy .'O,1978 1130 292 591

_.~

ombings are frequently announced in the febrile rhetoric

'the most extensive bombing record haveis the nationalist organized their own security antiof semina revol colonial FALN which seeks Puerto Rican independence-and is notorious for its unique indifference to personal by the ment, stressesIACP, under contract wit the need to develop a comprehensive planted in public places.mpry and possible death randomly inflicted bj bombs Despite these briefl tial bombers, kidnappers an,da, ex ,

gence apologists have, y summarized difliculties, intelli-over the years, tried to graft ter- specific radical efforts will cent ,

rorism or violence on this or that version of communism In 1968 an HISC report, " Guerrilla Warfare Advocates in the United States," attr;butes much of ghetto diated the document after it wa violence.policies.)

ing managemert .

of the 1960s to a network of schools set up behind the iron curtain to train U.S. Communist Party members ism is in threatened by terrorism g of a

-c

}

urban guerrilla tactics. No evidence was offered journalist New to insup Phoenix and the bea,ing of a in report port this contention, the absence of proof being explained. er by " court decisions which have nullified effective letters U S protesting a story from m p controls munist of Similarly, agents." the international a 1973 movementdrug of American rehabilitation group,Com... as terrorist threats. ,

i concluded that kidnapping had become a favored Terrorism has also staff politicalHISC become studya priority conce p tactic of Marxist-Leninists bureaucracies,ernment circles. A number of estab '

terrorista as the new commu. This version of domestic dress, is reficcted in a bill submitted by Senators Group on Terrorism Thurnism, or the under the menace in mod:rdirec q I

Executive m dinating Committee of the National mond and Eastland which seeks dentally revitalize) the dor nant Internal Securuy Act to amend curity (and inci.-

Council, have emerged to deal on policyfa a 1950 by inserting a rvw of operational levels with existing and potential terrois R

The substantive provisions of this new statute hostage-dingare prefaceotitle exploits dealing similar with terr ,to by proposed Congressional findings that theGerman entic world including the United States, is threatened pr-by a cons anj i Japanese airliners at Mogadishu wain and logistical support from Maxist-Leninist tions for thu and other contingen governmentsatoria d and aid from subversive indisiduals and organizations intelligence /ide,tification, negotiations / crisis-m p in this country. This vast conspiracy th and commando liberation, an area for which theciD is designed to overthrow democratic gosee statuteDepartment has already organized a special in devares, '

rnments every- bility. In all the studies of potential terrorist thre o under Marxist-Leninist do: trine." Both the objectives andwhe a this country, many of them financed by thee-Law pe ja the tactics, the findirigs conclude, constitute ar and "a cle theme is " intelligence is the first linte om-and to .ne government of the United States and to statepresent also a top.1;BI priority. The barc cu and local justify so much.gosernments. Never has so litttle been used to domestic intelligence operations in a new Dom Security-Terrorism Division. In Section of the Criminal Invc .

jJE anti-radical grass-roots sector-it resounds Congressionalthroughout testimony a,d at theThe conference in March 1978, Director William H. f.W a press e'.

a law-enforcement community. Wi'h emergence ap-of kidn under instructionsstated that the " Bureau's domes to abroad, new detective counter-terrorist and consultant agencies with a potential for terrorism have deve:oped so as to be go specialties which include in telli- its emergence as a major fact r tw organization of crisis managementgence while, programs, FBI brass surveillance-detection instruct businessmenPro- in "Ifow '

train arto teams. One of the tect Yourself Against Terrorists", a special anti t in

- errorist

$1 million a year and issues a Quantico, ,

month!y newsletter Va. and a hot line install "Coun;malle ge inv terforce." to keep its clients abreast of all aspects . '

di director of Behavioral Research for th:of couner-terrorism. According t Association of Chiefs of Police (IACP), International counterFederal or-terr intelligence preparations and activity hav for ism s country , "one of the fastest growing businesses in the technology" terrorismespecially intense in the g

nuc 9,,

. a cash-in opportunity." Large corporations has produ:ed intelligence units- ch within both the Nuclear Regulatory Commission wit Wallace, eds Ameruun Vwleme:* As Richard H. Hofstadter has noted Un HofwJter and Michae clai Dooks) "An arrest,ng fact about American the violenceDocume Assesstnent ntary History. \,iutap Team (IAT) has deve I trai ken to an understanding of its hhtory , and one

, is that sery imk of ah other radical-watching elements of the domestic of form the it has been of action insurrectionarb by one group of snaens a Most as taken of ourligence sio!ence community.

h However, the present intellige - f rather than by cituens against the State." gainst another group. forts by both the Energy Department and the NR l 592 I

anti-nuclear movements and activil ..,

P01 un

@ {! I J

} h Tt e prion /May 20, M74 #

,,,~- -

?

' l 4 ists and others conceried about nuclear proliferation. The the Organized Crime and Criminal Intelligence Branch '

ed IAT communicates s2ch intelligence to utilities involved (OCClli). Founded in 1970, ostemibly for "contro!!ing

'3 ' i nuclear projects, whici, themselves have become in- and suppressing organized crime," it has devoted much

'C of its resou;ces to data collection on th- backgrounds l

"-  ; .reasingly committea to surveillance programs, not for of leftists such as Joan Baez and Jerry Rubin. When the -

defense against terrorism but to spy on and neutralize d- their opponents. The Georgia Power Co., for example, heat rose, its former targets (" revolutionaries," sub- [

versives" and " militants") were metamorphosed into "ter-  ;

I7 has justified its surveillance activities against a consumer

'e protection group on the ground that it is defending itself rorists." In 1975 it broadly characterized prison reform  !

b against " subversives," defined as "anyone who speaks groups as "etTective conduits of terrorist-type activities."

t- out against Georgia Power." A major goal of the intel- OCCIB agents and affiliates infiltrated Chavez's United Farm Worker < and the Abalone Alliance, a nonviolent, 6 ligence community-both public and private-is (ironi-I- cally enough) to put terrorist trousers on n'aviolent anti- anti-nuclear g ,up. The ollicial in charge of the latter 3 l nuclear protest movements. A clue to this priority is the operation h . Seen a lecturer in an OCCIB course on n marketability of such intelligence, as seized upon by a terrorism ar ' "particularly [on] groups operating under 3 the cover ot i legitimate front or Icgal activity."

pseudo-I aft sect, the United States Labor Party (USLP),

3 in its a .nlist intelligence aid against its rivals. As for its claimed organized crime mission, the Cali-The USLP's collaboration with the New llampshire state fornia Legislative Analyst's Office has repeatedly noted, in its annual evaluations, OCCIB's continuing focus on police in Sngering the nonviolent anti-nuclear Clamshell Alliance as a terrorist front is a matter of record. Subse-the activities of "mihtant groups and motorcycle gangs

! quently, the USLP publisbed " Carter and the Party of far removed from ' organized crime' activity for which r International Terrorism," which claims that a terrorist the unit was established."

apparatus, together with an array of government agencies, The OCCiB is the coordinating component of a nation-I foundations and research institutes, along with the wide intelligence network, the Law Enforcement Intelli-Rockefellers, is plotting a world nu:lcar holocaust. gence Unit. Organized in California in 1956, the LEIU

' was conceived primar:ly as a counter-subversive national i In addition io private detective resources, utilities such structure, a network for the exchange of dossier-type as Georgia Power work closely with local police units which, as in the past when the f Jeral presence was re. information about radicals and radicalism. Urban intel-duced, continue to conduct trV.aonal anti-radical intelli. ligence units and the strong personalities who led them had formed the group in an attempt to declare a measure gence operaLons. These unit have not escaped the criti.

cisms and pressures that have forced a retreat in federal of independence from the FIH, which then dominated the field, and to restore urban operations to its former I, intelligence activities but, to an extent now not possible prominence. Although it comprises an estimated 225 on the federal level, they have invoked law enforcement, representatises from major cities in the United States peace-keeping and counter-terrorism as covers for their nd Canada who are connected with law-enforcement long-established radical watching. Courses in counter- agencies supported by public funds, LEIU insists that it terrorsm-in at least one instance financed by the LEAA is a purely private confederation of individuals with no

- have been incorporated into local police training otlicial status or connection. While member agencies will curricula.

resp n to reguests that they keep tabs on a mobile It seems plain that, as in the past, these urban intel- .

'S inf rmati n exchange.

ligence units, using deceptive cosers, will Jominate polit-5" 'I' S

• * '"' #f #'I Umit the early 1970s us ideolog. gal preoccupation was ical intellience, at least until a federal presence is fully unc n e mformation about dissidents was regular y restored. 'Today, the cities and states are where the e also speahrs im power and culture of counter-subversion holds undimin-e n$ at regy me np w ure n gu ve si n nd the funding of radical groups ished sway. Surely it is a portent : hat in the 1978 race undatmns, this emphasis was suppressed when the for govercar of the nativist heartland, California, the pup app fr a ng to convut a portion # its two leading contenders for the Republican nomination m nual f la c llect nt the federal computerized Inter-

, are Los Angeles Police Chief Edward Davis, a general state Organized Crime Index (IOCI). Under a law-

' in the war on political and cultural dissent, and Atty.

Gen. Evelle Younger, a one-time bureau agent who was

" " ""'" EY "" . accumulating data u no n an eo a su ts. A mg open insolved in the 19413.idges wiretapping. ( A third can- " " " '*#* ' S #'*

didate is state Sen. John Briggs, a crusader aeainst ng a only a change in climate.

" gays, grass and godle nness.") Despite Promises of re- Ihe I.ElU has carried out another task of counter-form and the shredding of files, a Los Angeles Police , ubversive intelligence. the recycling of blown informers Department team in N1 arch 1978 mvaded the City Counal ind undercoser operatives. Douglas Durham says that, chamber to take still and videotaped photographs 01 -fore the Hll recruited him as an informer against Jhe witnesses agamst a proposed nuclear power plant. A merican Indian hiosement ( AIN1), he was detailed by

, claim that the picture-makmg was for purposes of police n: Des N!oines police, through an LEIU arrangement, training was later admitted to be false. to work undercover for police departments in Lincoln, Neb. and Cedar Rapids, Iowa. His assignments included

' the surveillance of leftists.

't he themes of decentralization and concealment of the Th. extensive investigations and reports on federal pohtical intelligence function are exemplified by a unit domestie intelligence in the 1970s have concerned them-under Attorney General Younger's direction and control, sches primarily with its excesses, the propriety of its THL MTsoN/May :0,1973 m

&DMR& 1

1 p,

t e

standards for initiating an investigation, its scope and also obsersed that it was possible the Fill's "s ontinuous techmqua ...oc .c itters have been the subject of guide- coverage" might in itself have preven *:d the implem:nta- ,

g

' lines like those imp Nd by Attorney General Levi in tion of plans for violence by extremist groups-a view un-1976. Ilut it is univerally admitted that the FBI today, n reservedly endorsed by the bureau. It is possible, but as in the beginning, licks clear authority to engage in it would appear that the predictable abuse of intelli- e

, r any domestic intelligence activities. Congress must face gence power to chill and repress legitimate dissent far the issue whether to grant or withhold investigative outruns its protective benefits, whether measured in posi-a 3,

authority that goes beyond established, clearly understood tive or negative terms. Given a society programmed for law-enforcement jurisdiction and enters the political fear, traumatized by three assassinations and reluctant a sphere. Should the bureau have the power to select to take the political risks necessari!y entailed in a corn-targets, groups and individuals on ideological grounds; ac- a mitment to constitutional democracy, and given the polit-cumulate background information on their noneriminal ical stake of conservatism in the social myth of sub-g activities; conduct yearlong nonstop investigations (in- sersion, the outcome of this debate is uncertain. What cluding informer infiltration) of key targets; surveil in- alone is certain is that the institutionalization of domestic c

dividuals solely because of their association with such security as - police responsibility in a country faced targets-in short, engage in practices beyond the scope with long-supp. ased tensions and poised on the cusp -

of conventional criminal investigations? 'Ihe bureau and of upheaval will e. e the path to reaction. The history its Justice Department spokesmen have insisted that not of the modern state stifies the fear that the present the probability of violence (the criminal standard) but climate may well nurture planned prosocation of vio.

the mere possibility of violence, however remote, requires lence and bombing in the United States to justify re-that Congress approve domestic intelligence activities. pression and to increase dependence on a secret polit-This bid for an int :nal security mandate is accompanied ica; police. Authoritarian repress:on along such lines by assurances of oversight to prevent the abuses of the is a goal of European-style terrorists, who hope to polar-past by linking security investigation more closely to i7e a society and precipitate confrontation. And a criminal law objectives.

home grown version of terrorism would presumably also >

Though the need for a more extensive authorization is welcome such a response, even though deliberately in-asserted primarily on the ground of presention, a Novem- stigated by the state. Fer terrorism, especially in its in-ber 1977 GAO report based on an audit of 319 current fancy, thrives on nartyrdom and the kind of lunacy that is cases reaflirms earlier findings that the bureau's activities ,

had yielded "few visible results. characteristie of .\merka when it deals with its ingrate Only a few cases enemies. 'Ibe possibility of such a development offers a produced advance information of planned violent activities grim perspective f or the survival of democracy in this useful in solving related criminal investigations." The GAO country. '

O LIBEL, A WEAPON FOR THE RIGHT '

ISIDORE SILVER chosen to litigate the tumultuou< 1950s. What is sur-prising is that the lanJmark 1904 ruling of the Supreme In early March, a New York State Supreme Court lus.

Court in New York Timer v. Sullivan has not defeated tice upheld the libel count of a lawsuit fi!cd by Roy such suits (indeed, plaintiffs have often presailed). The Cohn against N11C in connection with last year's resurrection of libel by conservatives in a variety of

" docudrama," Tail Gunner Joe. Cohn's temporary sic- situations raises once again funJamental questions of tory in itself may not be important; he will' probably freedom of the press.

lose at some point later in the litigation. Ilut the UnJerstanJing the arcane " law" of libel is not nearly f judge's finding, when considered with a spate of other so important as grasping the nature and politics M recent libel litigatian, is of rea! significance. It seems libel litigation. In retrospect, there is much to be said clear that figures prominent on the political Right are for Justice Goldberg's concurring view in Sullivan that increasingly attracted to the libel weapon as a way to there should be an " absolute, unconditional privilege penalize, intimidate, and perhaps ultimately silence their to criticize official conduct. " IIad the Supreme Court critics, especially those in the mass media. Libel has adopted that position, at lea,t the Cohn and police suit ,

been a f amiliar, esen traJitional, conservative weapon m es would have been untenab!c. Justice Brenn an's in political and econemic struggles, and it is not sur. majority opinion in Sullivan condemned the most notori-prising that, toJay, William Buck!cy Jr. sues some of ous historical example of misuse of libel law by Amer-his more vitriolic critics, that complaints against the ican public ollicials, the Sedition Act of 1798 which '

police are being increasingly met by civil charges of denied "the right of freely examining pub!ic characters defamation against comp!ainants, or that Roy Cohn has and measures. " lie did not recount the multi-farious instances of . state (rather than federal) abridg-

• lsidore Sdver is a profenor of constitutionallaw and history ment of the Madisonian principle th:nt "/F/ree public cr John lay College of Criminal /ustice (The City Uni. discussion of the stewardship of public ollicials" is a versity of New York).

fundamental attribute of self-government.

394 7m ')QC

!IJ JJ m mmn/May 20, 1978

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py Rory O'Connor "- -, -+ -Q lliustration by Anthony Shultz .m e4

, u wr -s -- 9 Are US federal agencies curremly carecting ' "

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and operating a comestic surveillance and  ! _

l, l intelli Tence ;athering network aimed at the ""_*^ N ^

anti-nucicar movement? There is mounting " #

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Z '" "

evidence that_ this rnay be .he case. Not sur-

%,p '

"O pnsingly. the Central Intelligence AFeney (CI A) and the Federal Bureau cf Investipa-

""* e-it -

8 q

g tion (FBI) are the lcading candicates for the role of coordinating apeney. In addition, the p '

I Law Enforcement Assistance Acministra-  %  %[.((tfCM ' .

tion .(LEA A), a specici federal funding M aFency estabbshed by the Omnibus Crime ^d r C and Safe Streets Aci of 1965, is beheied to j Q be the conduit fer at icast scme of the sast ,

6 , 7-N Y

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sums of money mvolved.

7 h.%

Lawyers for the ustate of Karen Lik-s 'i{

4 _

, ;3, .w.g, .

y* ~,'

sc wood. the Kerr-McGee nucicar po-cr plant & 4 -

technician killec in a mysterious automcbac sg[g* g'*

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accident m Oklahoma in late 1974. clairn  ; 7 N

7 v- ,.-

that a n a tionw ice " secret surveillance

<. , .2. .

sy stem" h8 heen illegally spying cn nucicar -

facilits workers and other Americans for the *45 q W " ' ~ '

past Nvc years. A civil sun 6lcd ciphicen months ago b) the Silk w ood f;mily charpes '

$ g b

(

that Kerr-McGee conspird '.ith the FBI to -

suppress information aboi unlaw ful sur-jJ g

h 2, -

semance acinines aimed at the late techni-

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g cian/ union crpanizer Evidence uncovered t 9 '/ ,

recently by in-supatcts working with the ,

Silmw ood lanets also suppe'sts that tht re -

may have bee'n CI A inwohement n Silk-h N d) F,}

. woofs death.

The Silkwood side has secrees behered to g -it have been actually insolved m iliegal sur- ' - -

.e veillance. Accordmg to these sources. this t national *py system mvolves nuclear cur-

/ 1 i

. '.cA potation securny personnel, local pobce intelii Fence units, state bureaus of mvesapa-l {W) A d

tion, members ci a cuasi pnvate "olc Doy' $ -

N i intelligence club known as the Law Enfcrce- &

't*

ment intel!J;ence Unit (LE!U), the FBI. ' m I_-

L E A A a nd ,Cl d'. J 4 '

Although- ant.-nucicar forces have long

[3 c -)

I t

q suspected that they were the objects of, _

ilieFal surveiDance, the Silkwood lawyers y are the 6tst to claim that they have uncov-crec an extensive. nationally-coorcinated

.?

k~

• '1pymg effon. Recently, however, more and q g g more of the above elements have begun ic 01 I s themsehes into the larger puule. as details l S '

about both pubhc and private anh nuclear .

mielhpence cperations slowly emerge. (i  ! I In August 1974. for example, a Texas state agency ack now;ected that it had com- O

'g, f l

_ g_ . i r f piled a cessier on the head cf a local cia: ens' prcup o*panizmp a;ainst a proposed power ciarrest anywhere in the state and access to Mother for Peace, and Ralph Nacer.

pla nt near Dallas. Later that same year, conficequal cituen's recordi ntimally as 2il- More recently. the A dorav Journa local newspapers revealed that the able only to state anc local pol.ce. shuwed in September 1977 ihat the Georgia Baltimore Pchee Iwartrr:nt's inteibpence At abec tke seme ume. a con arrunge- Power Company was engaged m a mesive sccad had " watched, photographed ard ment was rercried between the Atomic ano. nuclear sarveihance prcprar . with a

~

sometimes infihrard a wide variety cf Industrial Fcre a nuclear mcustry asso- SMO.000 annual b cret and nme full time citizens' organiutions/ including com- cianon anc a conschmp firm known as uncercover agents, token from the ranis o munity Froups opposmg ciccincity rate Charies Yul'sh Associates. Internal memes such public agencie< as Army !nicihrence.

, increases and a nuclea r power pla r.1 in showed cerciusne!) that the Yuhst Grm the Treasury Depnment, and the Georp:a Calven Chifs. Manland. was to previce tackground mferrmucn anc Eurco . of ensest ;atmn Ahheuph Georpw

. In January 19 M. at the behest of the regular propren repens to local cohues c- Power presice R oner. W. Scherer told the Vi rp mia Eicctric and Pow er Ccmpny mcniccais anc progs .nowr to crpm Jare the % e con t run a Gestapo /*

-- - ' (VEPCO), a Virginia state legislator miro- . nuclear power Ament the progs tartetec he cc pn> cc a:ma tc runtammp Gie.

C - dweed a bill that p-epesed aDowmg vEPCO were the Sierra Club. Ensircnmentai - r en ic ue h ed prom ccnndered to estabbsh it.s own pchec force, w:th powers Actics Fr: enc < c' the Eart* Anr Ae v c r ..e neu r ~ccc :he te n.

M*m .. - - -

,f L . ru n - -

.c.nnny s .c.irgia ro-cr eroget. ine htwrat 4 6~ y i Georgia Civil Liberties Umon. the ubi.

.! D ' quitous Ralph .Necer and even reporters

]r' unsympathetic to nuclear power.

Sourecs told Juurnn/ repori:rs Tom Ben.

ter and Mike Chrisier sen that Georgia l Power's surveillance tearn used cyuipment

["hetter than that used by any police detec.

l* tive unit in the state." that some of tre infor.

mation gathered came through " question.

able national intelligence sources." that reports un anti nuclear metivists were sent to

! other private geurhy depatiments and law

. enforecment agencies, and that "a national i

network caists to circulate secret it. forma.

tion on so-called dissidents." -

Georgia Pow cr also employed .it least tw o privatejntelligence outEis that spceialise in .

N ' political spyirs; and informatinn pathering.

/ ' The ino Research West and In/urnmism '

/ Diccu. have aiso been used in Cahfornia by the state's largest utihty. Pacine Cn and Elect ric.

In Cahfornia. however, spying ha not been hmiicd to the private sector. Jost last g OL ^ [- \

month. l .os Angelecs pohce commmion ch. rped ih.it the i os Anpcles l'olice Depari.

\ ment w as harauirp ann.nvelcar acv vcates w ho lestiGed before the Cos Couneil on the l proposed hundesert nuclear power plant.

M /

}11 The L A PD filmed the testimon) and

\'

claimed th:ii lhey were simply makine a pohee ir:nmnp Gim. l .os A nycles Pobee Ch;ef Daryl Gaies laicr admaicd to Ibe commimoners th.it this was a lic. Gisen suth activmes and sover steries,ili not sur.

prmn; that p roups hic the L. A .- h.ned Ciivens Commission on Pohce Repremon suspect that "The I. A PD is woriing with the olihiie< as one spok esperson put it.

More ominously. the Ahalone Alliance a f Clamsheli-inspired anh-nuclear group that pcacefully occupied the sine of the Dwblo

" Canyon Nuclear Power Plant in San I.uis (3 p> ' gI 7- Obispo Ceuniy on Au;usi L 1977. found out two momh4 later that two of in fortv.

' b. seven occupiers were pohce plants. "T5e undercover apents were the only ones who ever esen meniinned the pouibihty of 4

violence.' said Raye Fleming of the A balones. "One m parocular seemed to

"' want to ineiic it. He tried to smupple wire.

, cutters onic the site. and attempied to get us to chanpc cur route at the last minute. But what can we do? We dor't have either the funds or the k now how to cheek everybody out.

Closer 10 home, many people are now aw are thai 1.nt springi charges hy *Gover.

nor Mcidrim Thomson of New II.impshire and by the Manchcuer Umun-LrcJer ofO "terrorht' involvement in the Clamshell @

A llia n c e were hated entirclv on N "m i ethrenec~ surphed. by tu o 130st on members nf the ri;hi wing US Lahnt PartyC.

( US L P). plso known as the NationalM Caucus of Laher Committees) According" to documenn obt.nned 53 the Clamshell. the" USLl' hricted New liampshire Staic Pohec Lieuunam Donald Duston on A pnl 3.

19M shortl3 before the last occup.thon of the Swreve ute -

Source: say that Lieutenant B u x t er. was e o s.

s. .. .n y . .c3 c .a o. . i%, o s. . . .m .

cre - (o &ston at the sug;cuion of one P"hhcly funded "pris .n e" c om pulcrued Icthtft Ucan, w ho was the hi;hcht r. inking 'nforniation.rct net al u 4rn) udh MA^

~

Waic Pol.cc dcicoive in New. llampaire money. Wornich buanc. a depui3 adimnn. US Spyinoe inni he look a job in the prnaic scoor "d'"r at the LLAA. Wnc6 the Caner rf,.,mmm/ / rum pirriium pom ccently. hcan's new pmi? Securits admin. "d'unusu.nion ud oier. he ich U A A W ocntuah3ahowsicennog ahrsuti urator for the l'uhlic Serviec Corbpan) of nuired had to the pris aie ector.

MyGec wncilhince, the Nliwoo d law 3cr arq s'c w llampshire, the utility that plans to ^ "in ding to Winnwin. @ baa nic Hnd that the) can pnne dial the actual spp ild the twin il50 mcgawati nuclear powe, endependent of Tracor in .luly IW with iny w .a donc h3 four Ok hihoma Coy

.l;; ni s at Sca brook that the ClamshcIl headquarien en Arhnpion. Wrpinia. Threc inidhycnce Un;t poliamen "I he Gitahoma

\lh.ince has pledged to siop. numths lakr a repeonal office was wi ap in ( Hs M n an adoc memhcr in the LhlU.

1.a t c h . PbC has taken a more ihrect liouon, nalfed b3 a number of col.hA A ,f he L c3 to the hdkn ood bew 3 cts'ihrery n a pptnadh to iin Securii}" problem m hh the men w ho innaped from the puhhc to the nca h di.cm cred iniclhycn se it.unir p school

'lamshcll. 7hr hv/ l'u/*er has learntd that PrNtic *"" in WioNr I G . wben dw m i on l_nokrdak. I londs. L now n as the privatc sceurtt} Iirm known Js Operatien- 1 1 ^ ^ ' cF '"" d "If' o " C " d "'"" d"I ^ " d '" I " ' '" 'F '"" D' W" P'" c "! Co'P"'J-1 S*vstems inccirporated (OSI) wa pranted H""" ' cF " *4 I """FC! C'"!F' C "" P' "'"' 8 ' " ' h'" conie n no , i ha ^ !D. w hich hell confirmcd ih:i OSi h.rd : securhy con- h.n ir.nned forcern in::".ptnce apena from contreet last year by PSC to preparc a tract unh PSC. res caling th.a it was te f rat %uda and Chde in the p;nt. and Onnnpeney p:a n to deal w:th potential pros ide a " conn,'cenn plan" to t he utiht "

' P"' " # ' *dC ET" * " " ' I" O rcunty proNenu at Sc.;hroni According f or w h.ii conimpc'ncied "hi ;; pener.il pdn. '" ' " k " " ^ "" ""' E ' " O C " "I I"F D 1 cocumenn on file w ,t h the Federal o- how a face,n would handic i .o.n a s ' # " '"'" ' d 'P3 N " " ' W" d - " " " '

ncrp3 Rcphnory Conunni.on PSC p.nd cmcrpncicC s.nU' CampM "Th.d could ""'J""" "'" W" 10.06 in Operaison.d 5 3ucms for w hat is include ansihr.; from nuclear icrrorna io b ' '"W '" ' """ d""""a s riu m nic escribed Js "securit) s)MC nM." Tw o olhCr poia ic.d denWn ur.d jon C Agor bp in u ood ;d hung s and s cr@cd m a per.

.r ms. Saison and Sy4emano Ccncial. F o: h Ca m rhe d and .lo h n kccles ni u>c '""""C" " " h "a n'd % cc'u n. a l l.i r.

cre also cenuacted to ce scturny werk tot bou nn OSI i.nicc. ihc PSC tonujc; - c.imt "'d I "" 9 ' "h'"' " " h " bee n d ir cen ny cuct amounts om of the Arhnymn offict.' and .dl w ork "* '"' \ I U " " C I \ I'"N h"I k" d t "' d Nn donc poor 1o thc cushinhment o r the #'" P'""* E E"'""' " CdE*" M P'

)peration.d SyMems Inc. is the MOM aracr- liouan officef *'"' ' " I I"' " "" n Y)edan w s no mth mnp of the ihree, how eser, bec.:vse cf us Contacicd h 3 phonc f or somment. Pau! ' " N T C" I'"'"' C;"" C C N fricers and directors. OSI a a securii) cob- Wormch confomed ihai OSI had dme work P " '" d"* "' ' P3 '"' k' ""f""U"' ' %' b ' n t o ulang and "syucms inieprator" company f or P5C hnt ' scar hui refred hi poc an) C^ ""d *

• C""FM '"

n.n spun out of a huge Tcun conglomer. #"# '" '" '""

det.nh other lhan to noie th.o t he ioh had #'a ap;unst ic namcd 1rscot. 1 w o of it> d ir 6.et o r >. heen finnhed. % ormch aho ter.Grmed th.a 0""CC'""'"' F'""I' ^ ' " N'o h of d u s bcFard \ c!de and Pael Worrncli, were hs;h he met w ed. (;m crnor Mc! dom Thonwon pAbs unha9asuncni. both .ipcncies for.

idminniraters in the LE A A. Wormcli. whc and Commnuon or. r ime e and Dehnyuener ina u s uorrd kning Dwa dueet employ.

s hued as a s ice-p r esid e n t of OSI. also hcad R oper Com ic> m ihe pos crnor s of f,cc "' C" F " F e '" d""C'"' w " C 'i R "ec l "'k"d -

crsed as ihc coordin.itor of Projeci Scarch shonk afwr the Lni Seahrock ou r n.a ion. 'b""'"* "" l* > C" '""C "' " k or Inc years. ' *"'"#" "

hui he c!.omed that the meenne and the sub- " * " " ' " " "'"

Actnrco1p to Wornnb. Project Scarch sepeni contract were unrc' otd

.:n b.mc.dly a "co n so ri n u m of states" "#""

• ' '""' 0 "" 9 ' C ' $ ' ' F " PC ' " '""' " C N According in a source within ine New ""'

• 0""C'N ""' " " "

tcdicated to esplann; 1hc apphcation nf llampshoe stoic poscrnment. securo) pla n. inp a n u a n tom - p ing the Central e m oced technology ht crim mal jomce ning for the Seabroid sue w.n one nem on Indyme gem ano ibe M1 'deniabii.

.ced .', The censorinim rceco ed LI A A the agenda. Mr. Crowlev n enavad > hic for a3 w o h nspeu hi Bcu opcanons unds to do elop a pr.Nojy pc computerved comment due to . proinnped ihnew anc , A @ us tNner prohihas CIA ci w or k 10 "facibiais informahon shann; i n og enwm m donwsuc imcuipena uns Thonnoni of6sc F.n rem.uncJ soem on the et ween uato.' ascoSnp to Senaic ha.a. mauer. Wormch ahn refuscs in dn uipe an3 h.nn i uopped the .gency in inc pan ys on the submet. Opera: ion of the som. del.iih. other t han to sav th.o the "we:m - D"'" h"V hT % "'" " C "k"' "I vier proton pe des cicpcd hv Projcet Scarch w .n "m .i ion.dl3 diflereni conwst" from ih un ni sun ci not Nmained under as hocriaicn m er h3 ihe'r Hi. pur w ani esc tonir..ci. anu w.s merch a councu * "' 'ma du me rac e

> inc dir.ccin e of Allornes General .lobr mccnnynu0atedh3 Mr Cro[lcy . 'l cor[t sd car s e ues Thce two areas t ochcM' of December i. 1970f Th.o Liv to i.dk about the w or k 9 10.~ %ormch roiels pc has unct bccome the i Bli e s pl.nned "If I thd. I w ouldcl h.n t so nu! % CI A ic hs of s nal national

.u s

stion l . C rinie i n ict m a t io n Cenict chentt I didni ewn ine u t herc wi.s a * "'"' '"""'" "'N k 'FC"'d' NClC) Clamshe!! Alb.ir.ce. #'7 "I *' 0"neu.g cm wicahm miem Prmcci Scarsh. he.crer, continues io e i Urcea and cew ver.c.ncs wilt Amen.

uu. fund:n; s anous projem or, ennural The pcrpose of the currem SdL w eed cnd ca s m mn s.

nace information technolop3. One of as s a ic pros c th.n be hac kare, Sdi. d"'"' ""k"' P""o fa c% pr mcche o f d.un.

oacts incluccd the des elopment ofyet wood was the s k ton of .in dep.n do.non: " # #"' *""#" "b ##

.viher inicruale crmunal sumtc wmrv:ct miclhper.s c.paihen n; operano , fu cee h CW h [' N C k P"' p *C*"'"""I cru ork in 1971. in ennr5nahon w ah ihc fedcral mon ey and 6ontrol:ed hs fcdcral

• "#}* " E

!.l u ar.d w oh I..T mdhon m Icdcr.d doHan resu e apeng imurd e reta s ap &

.genocs An ondemw cr i H! agcni, lamm m;med hs the L E A A. Scanh began de, et. 'sroop tuho poste hi 3can.n a ne"' raper """'""'""""I

'" jr r r oicc"o" no &

mni ta ihe comnoense inwru.nc u porwr ane wrm e a ,m.n a ca, u. o n n "u"" "k" "' m"c ' "a "" ^

weacd come indes NOCl) adnancd hesnn; frm se arn3 . psranses ru nh o s . In CI A aho had io se.:rch out a c t

S h hough 0.c alicped ament of t he L L ll,. shal n!ty.o. suric. %e was performed means, .e wnduu me t hc ns cenar3 domeu.c r e

• e Pront! Sc.irch in cuab,Khif1p i the IOCl agamsi 5d s, u ood .- " e r .nsoa.o cs ud-sc r. ci ! msc- h.o m *- au css to lhe data "

es to crca;c an micru.ac nciucrk of c.% just hnt month. u ner 5toim and her F BI 7 ~

t erpanved crime, few obseners thir.i that t oniaa. special agem L.:u rcsc OI on a erc m oh emem, aouiJ inc wesedLr se bc dn.

C(I Ides aN h fM H ed u nctly lo mob Llucu n'ned ;J noul h psCis r# lhe!r undcr. '

gc:o s,

'c s.inpro Ounas m s tu ig.J o!

s.od wide s s a . *,

• i ic s . . r m' i t ac S A, .

lac 3 i

,.1 hc hhlU n noi iniereue., m woog .moraos ; n uer e ;s cuabbs.ed

.o n n o .h3 a .losuu A mc.bs.r. on "c e v e c s'. c. c . they.te micteutd er pioun.h o! n.a m . ,

i. th.o u ciuJ a s e@ $ t wc t hree *ao.h

.al d oc- If Icdc .

u e J irew R.:: de) use D.or. 'cc le , , TN, I k[' [ [ "' " ,

Awdre intelligence Development Corpera. Once the methodology was developed on it would not be restricted to emergency

[tien of Fort Lauderdait. These " private cor- the siste and federal tevel, municipal law situatiens. It could have a chilhng effect T

'porations;' have the cover bf researchirig, enforcement intelbgence units bqat to get Tirst Amendment discussion, particularly developing and producing electronic sur. in on the act. also using LE A A mency. the nucicar area." Over the past five 3 cars e s cilla nce cuoipment and seliing it to Sheehan charges that the. state and so, as the dangers of nucient po.er ha -

. indniduals und organizations. municipal law enfereement inic1hF ence motivated increasing numbers of people @

Second. the federal government begins operatives then returned from their traming act to stop nuclear prohferation, the chill sending money to corporations like A!D, in Florida to conduct illegal surveillance wmd o rsuch federally sp& sered "centin' through the LE A A, to finance research and against "pohtical dissidents, members of ing survei:!ance" has abrurily chang des elopment of electronic surveillance politically unpopular local citizens' groups direction 2nd is now blowing direnly in tr_

tuuipment. ard essentially anycne the CI A or FBI face of anti-nuctear activius. C"3 Third. AlD begins to use the federal wanted placed uncer surveillancef Faced with such overpelming and con =='""

monies to rese.irch n w and quite sophisli , All information collected by aFents of the lesemg opposition, the ndclear industry anh c.oed surveillance equipment, such as the so- domestic spy system, ir cluding ihai the federal inic!bF ence ap*paratus have beep called ha r m onica-a m plifie r electronic resuhin; frorri the tapping, break.ms and forced mto a " national security" posture i nwnitoring device. which can be hookcd up survcillance in the Siliwood case, would an atterapt to regain the momentum tomaro to an3 telernene and used to wiretap any then be pitcn to the local LE1U member, estahhshing a nuclear poweted energy other icienhenc in the werld simply by dial. who would :n turn put it en the federally economy. Confronted with the growing -

ig in number. The harmenica amphfier funded IOCl computer developed by Pau! force of the anti nuclear movement, mdus ,

Ao can act as u bupping device even when Wormeh and Projeci Search try. g evernment, the military and law the rteenin; phone is hung up. since o is Fmally char;c the Silkwooc attorneys, enf)rcen'ert upenties h3ve linked up in an euvipped with an " override" that prohibns the CI A ccuipped the LEIU computer woh effen to neutrahze future protests and cem-re usual "cetofF switch that is normully an cicetrome device that alion s the apency enstraticns. That pos ernmental/ corporate c;; ped w hen the retener a down in ihn to remove informanon from the computer effert is being conducted under the puise cf nu.nner. the rean in; telephcne car become without any "crau oeu n" on the ss (tem. protectine Americ., frem unspecified and ill-a cienrenic moniterm; device in ne home. w hich would cause a wilhcraw al cf cata to de fined "nucie.ir terro ism-e.cn u ten no ene a uun; the phone he noticed Tne mfermation draw n frem the The rerert that has just been caed is but 1 ourth. AlD und sim;l.ir preups hepm LLIU fiin H ' hen ;cd by the CI A as a ore of m n ccmrussioned by the NRC on wl Imp the ei.;uipment and cn ing frec .rac. i ade dat. bani from which intelbgence the su R C' of ihre.:ts to beensed nudear i r. ; io apenn of whatever cr;anitatien estimates are precarec by the agency to facihues One such repcrt, submined in p u r e.5.4cs in euuipment (One recently prctect nucicar facines and the US ruclear Septemee- l975 by the Mare Cerporanon, r e po rt ec AlD sale of ecu!pment was te miss.!c ccmmunications system mciuccc en its consalong team the late M Ciam Sulliv2n and Charles D. Erennan,

, I:WyerS L

iOT the estate C: O;.a,enCme nuC). ear plani wor,. e7 mer w hc nad ferrneriv directed tre FBI's 9* .13 ) 9 . . i , .

p.e,,ce, mey;i ccm co; sc,v,in,nc, ,,o.

AdTen b!!KWODO C}d!Tn indi 5 D5t!OnWlCe SeCre: Survel}.

rmm. C Oi sT E t e s O. One r ihe

' ' " ' " I"' 4 "'

!5DCE System' hd5 heen i ecd 3}fV1, SCying On DUC}eir :SCiutV naturaD . is that the NRC ,,mairdn a close 3 WCThe"S and Ot, h er 4'**"anS 2OT the p551 :lve yGEN. I ney w ori m; re!a:ic ship with the inielhpence

  ' E}} eve Si}hWODd'S dEEth WSS D"Ought 6D001 DV inis D                                                                                   '

ccmmunns . In.depm information awm serrorist and other ti rroserdet groups dCmeStiC intelligence-gathering CDeration. gancs m;nej shocie 3 cst;in,e ey uc

    , ,             . . .         . ~ , -      -    ,    -m             ,. .
                                                                                . a m m m m m m um mmmmmme frem these agencies, inciudmg any informa.

Mienae! Tow nley..an American who acts as "The system is re:ll; neat," says Danny tien indicating a potential threat to the a Chilean secret agent. Townley is beheved . Sheehan, w ho acquirec t.is ewn invesugauve incustry generahy, or to a specific cen,- to ha ve purchadd a radio surveillar.cc skills while working with F. Lee Sai6ey. pany? cevice frem AID for the DINA, as the "The ilieFahty of its CJ A supervisien is cov- Obvicusly there are cenain justifiable Chilean secret pohce were then called. The erec by several facters. First you have security concerns surrounding the epera-

  .lustice Departmeni has charFed Townley as ' front' organizatiens like AID. to prouce                 tion and maintenance of any nuclear power a cortspira tor ir. the September 1976 distance from the actual events. Then you                      facility. Nobody in their right mind wants awassination of Orlance Letelier. a Ictmer have an aileFedly private police crganiza-
                                                                                  ~

plutonium to be readily available, either to Chile.an drplomat w hose car w as blown up in tion, the i.EIU with its ew n fecerally ine odd kook er the cec.cated resciunen. Washirpion. D CJ funded computer. The " private" status of ary, and iCs quite clear that there must be O r.ct the operatiens of AlD :nd other the LEIU ensures that it is not sub;ect to seme adeauaie leve! of security precautions t aining centers were uncer way, say Sili- any federal er state freedcm of infermation in the nuclea r arena. Sci the fear cf woud's lawyers, the LE A A began sendmp laws or regulauen. Feally, the CI A involve- " terrorist" attacks en nu:lcar statiens - a , "nioci grants" to demestic state bureaus of ment is covered by two of the Execuuve vahd fear - is being manipulatc,d b) bot h i im ettipation. Thest state level law enforce. Department's mcs1 closely [ua'ced secrets ' the pcvernment and the tulity ,companics, ' ment agencies generally have at least ene - its abihiy to wiretap cnd meritcr w:th and the ecst appears to 5e too high. '% efficer who is utse a member of the nation- such cevices as the harmenica. amp!ifier Whiie claimine te protect US citizens, it w;de "privaie" organization known es the end its abihty to w uncraw informanon frem appears instead that the feceral povernment * , Law Erfo cement irteHipence Unit. The inicihpence cerr. rue' systems such as IOCl rnay m fact be rv*ed in stripping aw ay LEIU consists cf rourtly 225 members, all w thout leaving a nece. Tes entire system our most precious cunstitational ri;nts and, cf u hich are associated with the inic:hgence uppears to be who ha'en SJkwood and her guarartees. If s: mph bein;' cenucierstar u fM t ? OI IJrpe mur.icipal or state law en- unien a! socia'es at the Ker: McOce nuclear r ay be enough te qct.hf3 cne ICr classifica-I0rcement agencies. facihty werc up a;4:*st. Just beICre ne' iic". d d 00!cnt!Jl 'terrCrist." then th! priCC Atterney Sheehan say 5 that at least a par- deathf , 7 we are payin; for " cheap" nuclear Ice: 5 pen of the LE A A block-meney grants given ,) y  ; m ph too high There seems tc be no mid-io state mielbpence unns was used it pur. As noted in a sperit! gNc:Icar R e;.la t c ry die preund in the exp;csne stes cf r.uclear

   .ncsc        u. r 6    .ance eceirmert from Comm:ssier rera- re' eased r 0;tc b                       rou    <   .n c r e w c nee- :s end ;cer.a.de
   ,sparuatiens hie A f D Other perpens. <ays           ! m "the remn'ha cf cenunuing ser                securny concerns claw Instead of chocsm; Mcchen. w e'e used it transport the st.ne           scilhince it probab" the mest severe cwii         to ehm:nate the First Amencment, woulcn't apeneicc Lt'!L; members from Fionda fer liberucs effect cf a ituten um recycic deci-

• e de netter to step the prederaucn of
• my e iSc ne of tHs euuirment uon The surse tx u ni' act .o ar ame- r ucica ' r oa ct esie.,C a

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MOTitEP JmES Environments wr y y or r Power security operative, Y A BIG trade-assoCia- f-W, boasted to NBC-TV news tor-tien conference of the ,

                                                                                                    -                                  respondent Paul Altmeyer,"I Atomic Industrial Fo-                                                                                                     ccu!d get anything I wanted on rum, a slim, attractive blonde woman sat tucked away in a                                                                                                            your background-by gc,ing U                                                                         directly to a sherifT or possibly remote corner of theShoreham                                                                                                          a chief of police in this state-Arnericana Hotel. Above her                                                                                                           or anything that had been fed was w ritten the perplexing                                                                                                           into the nationalcomputer."

message: " Worried About " And there was no hesitancy Thase Beyond the Fringe?" on the part of the police or the Corporate executives were fS t mg to her corner. bvs Richard P. Pollock shenfT to give [this kind of in-formation] to you?" queried

       ' The fringe," it turned out, Altmeyer.

wa rcrtrayed by a series of pu ires depicting rresses of ,_,._. ... y y*~"C. Q [ "Well, their only hesitancy , was this," Lovin replied.

Cry. *.^f72*-

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                                                           ~

pu ; .., a!1 of them so out of i fe:u . tnot enly their most gen-

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                                                                                                                                 ~l     "They'd say, 'When we gne you the computer printout .                   L ew cutimes were perceptible.                                                                                                         's soon as youie transenbcd ,                 y SuJ , and clubs could be made                                                                                                                                              ,

it, burn it.' " i out m the pictures.and several Utilities are also turning to bearded, long-haired f gures *' F"T '* ~~ pasate intelligence nrms that I w ore expressions of hatred and anger. Their faces were dis-i- ; 4 [ 'O .' i p ' O i dabble in pohtical spyin; The ! two most prominent outhis are {  ; torted and disfigured. lt was as y

                                                                                    )t -                       d
                                                                                                                /

Research West of the San i i they wac going through ~M*g1-lf' ,i_M ' '

• LO ! Ay Fran mo Bay area and Injbr- l E W /7 L some sort of collective, irra- s V ~

ucnal catharsis, some highly -C marion Digest, a newsletter ' f ~ a disturbing group nightmare. i [g k "~ $ hW.g__ compPed by a former pohce un&reer agent in Washing-h "Itrational behavior by 5 -

                                                                                        .                              _LJ                                                               l forces from without is creating                                   yj

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                                                                                                          /

r,f p ton,D C. Georgia Pow er Company g a new scenario for nuclear t I  ! and the Pactne Gas & Electric plant security," read a bro-chure the blonde woman was '

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                                                                                    ,-                  j",      .(

N' Company of Cahforrua base acknowledged that they have handmg out to the cager execu-tives. "So, if you're becommg used both firms. While In/w-marion Digest seems to merely mercasingly concerned about i those beyond the fringe, Oser- publish details on purported l imw N a"' "lefusts and their sympathi2- ! ly has the products to protect  ! veillance devices have been i sesti ntion.They i owned equip- ers," Research West has had a ! your people and plant. Oserly used. Reddy Kilowatt may be ment th 't on!) the mest ad- history of more active opera- , does what others don't." In fact, others do. Overly w atching you. vanced intelligence operations tions-principa!!y burglaries.  ! Manufacturing ofGreensburg, . . . enjoy-James Bond gimmicks The House Subcommittee "We. . don't run a Gesta- like changeable headlights and on Oversight and Investiga-Pennsylvania, may consider it-po," thundered Georsta Power tailhghts on their cars that, at tions of the Commerce Com. , self unique, but it is one of the fhp of a switch, could aher mittee is investigating Research l many companies selling securi- Company president Robert W. Scherer in an interview with the conFguntion of the car's West and sursei!!ance cf citi- ! ty deuces and political-intelli-the Atlanta Journal. But Scher- lights to confuse any party un- 2 ens by nuclear utihties. The ! gence data on private citizens

! to electric.utibty companies          er had a rough time dispelling , der surseillance.                                                subcommittee wi!! hold hear-The targets of the Georgian              ings on theseissues next month;
, operating massive nuclear             that    notion        after closed    that his       utilityit had waskept dis- l insestitators ranged from                       it has already subpoenaed rec-j power stauens. The utilities,          files on citizens and groups Ralph Nader and the director                                        ords from PG& E and Research nundful of the rning chorus of a

comidered opponents of the of the Georgia Civil Literties West. Importantly, the sub-

! critimm and doubts about nu-                                                             i committee      is looiing into the I clear power, base fueled this          firm's interests.

Last winter, Georgia Power sympathetic l Union to news to nuclear power. reporters possibihty of un-FBI cooperation

 , secunty / intelligence industry i by mdicating interest in its          was operating an extensise l The uuhty and its neyhbor, with the pr% ate insestigators plamelothes section in two un '                                                                   and utihues. Nw> reports in-
 ! w a res.

The last seseral years, nu g markedaScsuites in downtown receis ed information from dicatel that the A'abama Power tesearch West may not cooperate with Congress clear powered utihties base ; Atlanta. The offices coordi ' many law. enforcement agen- and has not furnshed sub-tv.;n esposed for spyingon law - rned nine full-time investiga. ' c~cs, includmg the Ffil's Na-Admg citizens and groups. ters and operated on a budget tieml Crime Infortna tion Cen- poenard documents. Secret dossiers have been com- ef 579,0no a year. The oper- t n that link most police de- One of Research West's pCed on consumer and environ- tises were drawn from Army p.:rments around the country , more famous o; ratnes aas 3 mer.tal organizsuons. L'nion , . Ehgence, the Bureau of Al- b computer. h Decem5cr of 1977, u d leader :j JerryofDacott, the JohnaRrchformcr So- distnct

m. ? ngs bas e been mfiltrated : Act, Tobacco and Firearms

                                          . nd the Georgia Bureau of in-                       != Loun, a fc-                - G< . m I acty. Ducote worked for Re-d.rty tricks and adsanced n.r.

Emmr a' "" ' 03

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                                                                    ?00F0fLGhM

i MOTHER JONES ' _ . _ . - E L search West whenit functioned ! ing the nation's (cmmercial local city cou . He was an under the name of Western ' nucich. ..wer facil. tics might outspoken (r.; . c! the West-Research. mean abriaging ccetitution- ingbouse OIT4 eri Power Sys. By his own admission, Du- ally guaranteed ciul hberties tem (OIN), w hich was plan-cote has performed burglaries surfaced in a mcaningful way ning to build fo ir nuclear against targets he considered around 1974. That year, the pov er plants of the coast of "left wing." He sa3 s with some Texas Department of Public k Florida outsidt of Jackson-  : pride that he has boken into Safety acknowiched that it ville. Cory disco c ed r that sev- ' homes and ches 17 times. had compiled a dossier on eral people linka to the West- 1 One of Ducote's mast recent Robert W. Pomeroy, a 37- inghouse Electri. Company I targets was Grace Mcdonald, 3 car-old commercial-airline were trying, through FBI - a 90-year-old San Francisco pilot who had founded an or- friends, to obtain private ar- .- woman who lobbies for munic- ganization called the Citizen's rest records from hn past from .; ipal ow nershap of utilities. "We Association for Sound En- his home town of Allentown, I went into the basement.of her ergy. Pomeroy's sin was his Pennsylvania. Tr.ese law-en- j home," Ducote said during criticism of the Dallas Power forcement records are strictly I one televised inter iew. "We & l_ight Company 4 decision off-limits to corro ations like .g picked up a list of her sup- to build its Comanche Peak Westinghouce, which have no - porters throughout the state nuclear plant. official access to them. who were people working on Copies of Pomeroy's dossier William Stanton. a former her various committees. We were sent by a state police FBI agent, wa at the time picked up the documentation agency to Pomeroy's super- president of OP5 Cury ac- [my clients) w ere looAing for." visors at Centinental Airlines. cused Stanton of mastermind- . Pacific Gas & Electric has where they esentually found ing the mose to ot,tsin the un-filed reports to the Securities } their way to the pilot himself. authorized police records, in  ; and Exchange Commission The police ultimately apolo- hope of discrechtmg his cam- 3 showing that betaeen 1971 and sized to Pomeroy, but the offi- paign.and costmg Cury the i 1976 the utihty paid nearly cials refused to say how many election. 590,000 to Research West. The other people or organizations As it turned out, the assist-largest sum fabout 525,000) opposed to nuclear power in ant chief of pn! ice in Allen-was paid in 1976, when Cali- Texas they had monitored. town was a friend of Ji'eph fornia anti-nuclear acthists Sescral months after the Cury's. When h: receised the fought to get the Nuclear Safe- Pomeroy disclosures, union request for the recordn he guards Act passed by statewide organizers at the Kerr-McGee ll traced it back to Jacksonsille referendum. PG&E described plutonium plant in Oklahoma ' andshort-circui,ea theinquiry. the Research West agents as ! began raising quest. ions about . . .

         "investigath e consultants."        the health and safety of atomic            One of the most authorita-Georgia Power spent more        workers at the facthly. Karen the reports en the nuclear-than 5113.000 in 1976 for out-       Silkwood, an ernploy ee at security .-isk wn conducted by side " security services " a por-     Kerr-McGee, had apparently           John H. Harton. a consultant tion of w hich went to Research      secered sensitive documents           commissioned by the Nuclear
        %est. T he Atlanta-based util-       about management and q uality         Regulatory Commission to do ity refuses to dh Uge details of     control at the plutonium facil-       a study on it. The Barton re-the types of services it received    ity. En route to a meeting with       port concluded that "the pub-fro <n the intelligence firm.         a representative of her union's       lic's response to a nuclear A study conducted by the         international cFice and a New         emergency could be one of re ,

Critical Mass Energy Project, l' ora Times correspondent, action against dissent." And a Washington, D.C. based Silkwood was kiEed in a car for the public itself? Citizens consumer organization, re- crash, and her documents w ere migt:1 have to tolerate area. Scaled that the nation's 58 never recosered. As the story- wide searches, seizures of electric utilities that now oper- of Silkwoodi death gained na- property, detailed searches of  ! ate nuclear power plants spent tional prominence, Congres- homes, restriction of travel, j more than 523 millian in 1976 sional hearings on the tragedy massive "presentive" deten. - I uhme for "outside security ex- were held in Washington. In tion of suspected dissidents, l penditures.' Twche of the the Silkwood hearings, the FBI press censorship and orders to g utilities paid more than 550,000 admitted it had been maintain- " shoot to kill." cach for private detecthe serv- ing files on nuclear critics. The If you think this sounds a bit l ices and imestgathe agencies Bureau claimed its surveillance like the gos ernment's response in that y ea r,aa or ding to docu- was strictly limited to alleged to the Watts riots, y ou're right. l

                                            " Communist" or " revolution , But then nobody eser said the

!l ments filed uith the Securities ary" groaps. B t that claim I nuclear state would be gentle. }, ' and In Euharge Cwnmission. contr:nt. among the top l . 60 non.nu..e.n tlectric utih- was the casea of httle h< rc Joe Cury. to swallow m l Iiched Pellock is d, rector of ! ' ties, only on t empany found . . . ' the Cr:rnol .Wss Energi Proj-nec em r., la use private Joseph Cury wa > a grocer ' cri.1/c ha writice fbr The I li itsecurity !.rn, from Jacksem : . f krida. w to Prorn m The Whington i I The rutien mt safeguard- was running fm a seat on the Pc , , ' - N i c .f rii ms. , Nt W IC lik, 304

OrganizingNotes Volume 3. Number 3 AprH-May,1979 Nuclear Power Iowa Members of the towa Sociahst Party (ISP), QQQQh Q QQ (Q based in lowa Csty, have charged that four letters g g received from Anti-Nuke Vvplaa g'ntesroup are 'acalhng clearitself the Eastern attempt to dis- Iowa E O credit the legitimate antF nuclear mosement 7wo days af ter the largest anti-nuclear demonstration in Iowa. ISP r eceis ed the first letter. in which the Califomia "v' 9 "a n '"C c 'a ""e d '"sPo"s'b'h'Y 'o' Seve'a' ac'S of sabotage at the Duane Arnold Energy Center con-The los Angeles police spying iawsuit, Coalition struction site. Another letter. sent to a TV Against Police Abuses (CAPA) v. Gates was amended reporter. threatened that plutonium would be May 15.1979. to include charges that LAPD officer released into the air in Cedar Rapids if the Cheryl Bell infiltrated several local anti-nuclear Arnold plant was not immediately c'osed groups. The named plaintiff is the Committee and decornmissioned on Nuclear information, a group at the Cah- Before the letters were received. ISP filed a fornia State University at Los Angeles which Bell request with the FBI under the FOI A. seeking all once headed as president. The suit claims that letters threatening terrorism at the nuclear facihty. The she also infiltrated the LA and Pasadena chapters FBI denied the request, stating that such threats are > of the Alhance for Survival still under mvestigation

Contact:

Steve Marsden. Bell " j oined" t t~ e anti-nuclear movement in ISP. Box 924. Iowa City. Iowa 52240 (319) 337-4895 1977 Just after large demonstrations were held in San Luis Obispo and San Diego She quickly gj gg became very active in n.eetings. actions and demonstrations Her identity was revealed a year A statewide safe energy rally, held April 21 in and a half later when a roster of pohce academy Midlands. Michigan, was vidootaped by the Mid-graduates was anonymously made avadable to lands (city) pohce department Pohce Captain CAPA

Contact:

Linda Valentino. Citizens Commis. H'al Meyer said. "We. as a matter of pohcy, any sion on Pohce Repression. 633 South Shatto. Los time there is a group gathering hke this, cover it Angeles CA 90005 (213) 487-1720 with v:deo tape " Since no problems were expenenced. the pohce af ficer c;mmed the dopartment would reuse Georgia the tape "No. it well not be put on fde. I sen no reason .for even reviewing it '

Contact:

Sr. Carol in A tlan ta. Ned! Hernng has fded a mption Gdbort. 1326 Cherry Street. Saginaw. MI 48601 requesting that the NRC reopen intervention pro- (517) 753-1819 ceedings to suspend the Georgia Power Company's permit to build the Vogtle Nuclear Plant (VNP). The NRC recognized Hernng as an intersenor several New Hampshire years ago when t t'e Power Company sought its On December 1.1978. Robin Read of the Clamshell heense to pernut the construction of the nuclear A! hance in Portsmouth. wrote to Col Harold f acihty Knowlton. Director of the New Hampshire Stato The motion to reopen. filed Apol 4 1979. " contends Pohce, requesting information regarding the that VNP entails unconstitutional restnctions upon department's involvement with the Law Enforcement intervenor's civil liberties" and cites "attenipts at Intelhgence Unit (LElu). Read also asked if the subor ning sabotage. paetration of the Georgia pohce contmue to receive information on the Power Project [an anti-r Jclear group]. surveillance Clamshell Alharce from the U S Labor Party, the of legal pohtict.! gatherings and denial of employ- Intelligence Digest. or Rep Larry Mcdonald (as was ment ngnts ' The request is based primarily on documented by reports from the State Pohce ble on Her nng's chargo that the company filed false the Clamshell Alhance which was . released to the statements dunng the original proceedings in nuclear power opponents in 1977) (See Organizing 1976 An NRC response is pending. A copy of the IVotes. Vol.1 No 4 and Vol 2. No 7 and 9 ) motion is available f rom the Campaign. LKy f f C I m.m. uh nuM on Pay 2 ) hE6

(Cont.nuect from Page 1) Texas. On Apnl 4.1979, the Nuclear Regulatory Com-mission refused an appeal by the National Lawyers

     , Gregory H. Smith, Deputy Attorney General,                   Guild, Houston Chapter, to be recognized as an responding for Knowlton, failed to address Read's                intervenor in the Allens Creek licensing process.

questions Smith wrote. "We are not required to The Liccnsing Appeals Board upheld an earlier disclose the contents of that inforrnation or the pohce decision to refuse recognition to the NLG because methods in gathering the er 'ormation I can the group would not provide a hsting of chapter mem-assure you that the act ons of the State Pohce in bers and their addresses (See Organmng Notes. Vol. these matters have been !egal and properJ

Contact:

3.No 2) The Guild's petition to intervene argued Robin Head. Clamshell Alhance. 62 Congress Street, that spying and harassment of Guild members and Portsmouth. NH 03801 603) 436-5414. Other pohtical activistJ could be expected to occur if the nuc! ear facihty was built outside New Jersey. The arrest of SEA Alhance activist Clay of Houalon

Contact:

Glen Van Slyke or Alan Colt has provoked a heated controversy m Ocean Vomacha. NLG, 4803 Montrose. Houston, TX '7006 County, New Jersey, because of possib!e threats to (713) 236-82rw the civil hberties of concerned citizens attenmng pubhc meetings On Apol 1. an undercover pohce- Utah. Efforts by the Mountain Fuel Supply (MFS) of man was recording the hcense plate numbers of Salt LJe City to obtain a rate increase from the cars doven by people attending a forun. on nuclear Utah Pubi c Service Commission have been chal-power The pohceman refused to show his credentials lenged by a group of people who were the targets of to a group of people af ter stating that he was a surveillance by MFS two years ago The utihty cntics detect.ve with the township pohce. argue that consumers' money was used to pay for Colt, who was aware of the extensive surveillance the spying and therefore the company should not car sed out in the past by Jersey Power and Light be granted the rate increase Company. msisted that the Cetective show his I D. The Reahzmg that he and VFS nad acted improperly, SEA Alhance member reached for the pad on which Bruce Cockhn made the surveillance pubhc in June the numbers were wntten Upon touching the pad 1978 Conkhn. former head of the Federa! Security Colt was handcuffed held overnight and charged with Network Agency (which prooded secunty for the

  ' assault " A heanng on the charge will be held May 10           company). said that in 1977 he sat in a van and The officer later admitted that he was recordmg the           watched the Salt Lake City YWCA budding. where an numbers for "intelhgence gathering" at the request of             anti-nuclear group was meetmg             Two FSNA the state pohce

Contact:

Clay Colt. PO Box 27 t. employees attended the meeting weanng body bugs to Mt Vernon. NJ 07976 transm,t the proceedings of the meeting to the san Officials for MFS justified the spying by saying that New York. A class-action lawsuit charging that the they were apprehensite about protestc at the time and city pohce spied on an Apnl 18 anti-nucler demonstra- that "weNe since fGund out that the rnajonty of the tion was filed in Bul/alo, New York on Apnl 19. protestors are concerned citizens {andj peacef ul ' 1979, on benalf of Jonathan Welch and Daniel

Contact:

Bnan M Barnard. attorney for the utihty Pholtzer. Pohce PMtographer Nelson D. Pasquale cntics. 214 East Fif th South. Salt Lake City. Utah told reporters covt ong the rally that the pohce 84111 (801) 328 9531 department always photographs demonstrations and that the pictures are routinely sent to the A"ti- Washington On Apn! 23. the Washmgton '; enate Subversive Squad ( ASS). passeo SB 2584 w mch would give nuclear facihty T . .e lawsuit seeks an mjunction restraining operators thc power to create pohce forces which the pohce from engaging in surve.Ilance or, taking could funchon with the authonty usuaHy reserved for pictures at future meetmgs or demonstrations it local and state pohce (See Organizmg Notes. Vo! 3. atso seeks an order requiring the pohce commis- No 2) Before passage the odi sas substantially sioner to turn over and eventually destroy all ASS files amended through the effurts of the Seattle Coahtion regarding demonstrations within the past three years on Gosernment Spymg. the Crabshell Athance and The class action suit is seeking 5500.000 in otner environmental organizatons damages. plus costs and attorneys fees

Contact:

Bar- The amended sersion requires fauhtv operators bara Mornson. Jay. Klait and Mornson. Elucott to enforce cuunty regulations rather than grantmg Square Bmiding. Buffalo, NY 14203 (706) 856-6300 them the authomy to estabhsh requiahcns of their own. a' originally proposed Any arrests by f aobty Pennsylvania. On March 26 the Pennsylvania Pubhc pohce 'veu!d be hhgated in city or state courts Another Utihty Commission heard arguments in Keystone arnendment hmits company access to poi ce records. Alliance et al r Philadelphia Electnc Company et al. ahowmg access only to the criminal records of The Philadelphia plaintiffs requested that the PUC prospective employees SCOGS charges that, while investigate the company's surveillance program, the amendment may seem to protect individual which was made pubhc last summer by a company povacy, a ' loophole" may have been created because official A decision to initiate a formal mvesti- the amendment does not exphcitly deny to facihty gation is still pending. (See Organizing Notes, operators all access to pohce intelhgence records Vol 3. No 2. Vol 2. No 7 and 8)

Contact:

David Kairys, SB 2584 is now hemg considered by the House Rules Kmrys. Rudossky. Maguigan. 1415 Walnut Street. Committee as HB 825

Contact:

Kathleen Taylor. Philadelphia Ps ., SCOGS 2101 Snnth T o we r. Seattle. WA 98104 19102 (215) 563-8312 ) ) , a, 3 0 6 <2061624-2480 n, , . e , in ..s . , 3

                                 ,, ,,,, n w.ra dl h a,  M ATE POLICE      *
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 .;. . .                                                                                  g_g _ 7 7             g , y.

INTELLIGENCE REPORT qgg Q

 ' SUMECT OR TITLE OF INCIDENT r,t.G Ll s l'.% VALUATION OF SOURCE CONFIDENTIALO fff f            L.?    b. BLE *.D UNRETsIABLE LD UNKNOWN CD TNT REATION ACQUIRED BY:

SEADROOK DEMONSTRATION NY 0Y HESOOYI Y C;f:kESTIGATION l~3 ' DOCUMENTS INFORMER 1D9TRS. JSE'

     /

JNLY: CTU:

• DATES 4-14-77 On April 12, 1977, Captain Richard Campbell instructed sne' to make contact with E

Larry Sherman and Graham Inwry of the U. S. Labor Party at 120 Boylston Street, Room 230, Boston, Mass.02116. The Captain informed me that Colonel Doyon wanted any information concern-ing the planned demonstration at Seabrook that the above two men may have. On the same date,I called Mr. Zowry and made an appointment for 2:00 P.H. on April 13, 1977. On April 13, 1977, I met with Istry Sherman 31 1:onroe Terrace . Dorchester, Mass. Tel. 617-436-6289 at the Labor Party Headquarters. A few minutes later we were joined by . Graham Lowry z \1 27 Houltrie Street K\ y H i{; Dorchester, ?:ess. , , s _lOn U I

• Tel. 617-436-1129 These two very well informed gentlemen felt that the planned demonstration on April 30, 1977 at the site of the Seabrook Nuclear Power Plant is nothing but a cover for terrorist activity. Not all of the logistical details are known at this time, but the method of operation will be the same as recent-ly used at a bloody anti-nuclear power plant demonstration in West Germany..

The Scabrook site will be the major focal point of a coordinated national

     ~ acmonstration. There are a num.ber of other demonstrations planned to coin-cide with Scabrook throughout the country, but it is Ec1t by the national organizers that if Seabrcok is stopped, all nuclear plants will be stopped.

The support for this terrorist group is based on the cast coast, and is essentially the ser:e network which wsrhed with the Fourth of July Eicenten-nial Co:nmit tee, and is now war):ing with the Clz. shc11 1.111e ncc. Thc num-Ler of participants is ur.':ncwn; it is felt that they may get 5,0C0 recruits but they would like 20,000 or rare. i.s of this tire the recruitment is 1130 307 D'fjC N: Qis 1) _) Wp rn// -Q y l(/ , . ;' jL. zot t ,:

   %                  /                          . ! ,q$!.D:                                '
                                                                                                          /mi             '.'

INTELLIGENCE REPORT F SUBJECT OR TITLE t.i? INCIDENT  : VALUATION QF SOURCE CONFIDENTIALCD RTLTA BLE C') UNRELIABLE C3 UNKNOini C; TNFORMATION ACQUIRED BY: y.

UVESTIGATION C3 DOCUMENTS (E T INFORHER SEABROOK DEMONSTRATION ggg,

                                               'E 4-14-77 2NLY: CIU:           -

DATE: falling below expectations.

                     .~;<

• The ma ior participants have been training for this activity for sometime.

The basic method of operat. ion will be to divide into " affinity groups" of five to seven people with one person designated as the " spoke" or, spokesperson for the group. They will assemble on the Hampton Falls common, cross Route la and travel south on the Rail Road tracks to the Seabrook site. They then plan to seize the corastruction site. It is essential to their plans that a confrontation take place. They have publicly stated that the only way they will leave the site is if they are killed. They have told their recruits to bring gas masks and food enough for seven days. The New Hampshire leaders are not known and they are in-stigating most of the action. The leaders feel that even if the turnout is small, those who do show up will be well trained and dedicated, and will have the effect of shock troops. The rationale behind their actions is to prove that a nuclear site is vulnerable to attack and because it is. (based on a recent decicion by a North Carolina judge ~ which is being contested) not eligible for limite6 insurance coverage and therefore, would be unable to afford unlindced coverage. They are trying to gain respectability by involving educators, legitimate environmental groups and local political leaders su'ch as Dudley Dudley, but .cssentially thir aim is the destruction of property and possibly bombing. After their conf.~ontation, they are planning a national meeting to outline the future. strategy. < It is not felt that Labor vill be involved in this action. A possible course of action to defuse this situation would be to better . _ educate the general public as to what is going on, and to bring an injunc I tion by the New Har:pshire Attorney General to prohibit the demonstration so that he may ask questions as to origin, people involved, and the finan-cial backing of this group. Lowry and Sherman agreed to provide any further infor:;ation they t ay learn of. - 11 h,  !>.08 Attached plcase find publications, including intelligence rcports, pub:ished D .p' D BY: My l ,,%, & 0)l-). 1 js n,hf IDb/W, c:. TE : . ! Sih:: ' -. -{t/c

                  %i V i                                                        ,'<.-

INTELLIGENCE REPORT -' SUBJECT OR TITLE OF INCIDENT CVALUATION OF SOURCE CONFIDENTIAL Q TELIABLE O UNRELIABLE C3 UNKNOh11CC TNFORMATION ACQUIRED BY: CABROOK DEHONSTRATION :NVESTIGATION CJ DOCUMENTS INroRHER

                                                - rns.

ISE JNLY: CIC: - DATE A~14~ll by the U.S. Za3bor Party. f The opinion repeatedly expressed by these well informed men was that the state of New Hampshire should do everything possible to avoid a confronta-tion. A confrontation is exactly what the demonstrators want. The attached counter intelligence report provides the names of the national organizers, many of whom are from the Hassachusetts area.

• 1130 309 e

4 e 4 um

Daily necerd, Northwest N.J., Stmday, August 13,1978 l JCP&LPhotogs Ldmit . Posin ~ A~sNew sm~en~

~

i

                                                 ...                , , .m . >      ..u i

By J AN BAltitY - so photographers working for Jersey "It was poor judg . . _ ment on rny pt rt," rol Power & Light Co. have admitted Mayhnm sald. lie says he made up the hisyham claims, on' the contrary, that cpresentin~g themselves as news pho. misrepresem,ation on.the spur of the mo- he was only photographing bumper stick-ers on automobiles parked outside the sphers at an antl. nuclear power ment to egunter a quest!oner. ' iou say ,h in near the utility %s nuclear pen. , what you ave to to get a job donc, 'said building where the teach in was b61ng ing plant In Ocean Co. last Sunday. .Mayham. held. When suddenly asked what he'was e two Warren County men gave dlf. JCP&L spokesman Sam Laird c.x- doing, he admits, he then claimedio be a ig yersions 6f why they claimed to be pressing surprise at the incident, denied'i news photographer ring the event for the Easton Ex. that the two photographers had been sent Adding to. the confuslonlof Identitles s and the *'Phillipsburg Forum," the to spy on the nuclear power protesters

                                                                                             . and   assignments at the teach.In,' which r a fictious newspaper,' as well as a,,,s,tatehnt , echoed by hinyham ,and drew about 100 persons including a .large-Idlng false telephone numbers and a Wheeler. Tfic latter has been on contract utility delegathn headed bf,'JCP&L Pres-address.           .                   .with the. utility for the past two years, ident Shepard Bartnoff, State Polloe lilty spokesmen ha,ve denied any res- mainly covering retirement dinners and . spokesmen say that th'ev had p;ainclothes lbility for the incident.                  other company affairs, Laird said,                   .. observers" at .the event, possibly itu just panicked, I guess," Louis            Wheeler, however, was previously sent }'cluding a photographer.                                  !'

eler of Belvidere, . told .an Atlantic Press reporter who, queried him .tration outside JCP&L's Ocean County .,to photograph a ballon n last week after Initially being told nuclear plant at Oyster. Creek last Au- ' d ,heele,r on Qunday that he was work. gust. He was also assigned to cover last s Id didn't kno w tl e d p t dt 'or the Easton. Express. Both Wheel- ' Sunday's teach-In, at which a , utility was assigned to cover the event.  ; nd JCP&L officials say that, in fact, { spokesman gave a presentation, said .as on assignment by the utility to , Laird.."We didn't know what to expect, agraph the Lacey Township teach-in so I asked him'to be there to take plc. .sored4y- a local environmental tures. We did not instruct hlm to take p and the SEA Alliance, a statewide , photographs of Ilcense plate numbers," nuclear power organization, said Laird. *

               ~

signing a teach.In sign.In sheet, . The misrepresentation -incident came

                                                                                                    }                  ,

{ T} g 5 cler also listed an address in Easton, to light when a SEA Alliance member '

• Deside his notation of the Easton Ex. spotted a photographer apparently tak-s, said a teach-in organizer - an ad. Ing photos of license plates, in an appar-s 'which the editor of the Pennsylya. ent repetition of a filming incident last tally says does not exist. August at a SEA Alliance demonstration iceler's associate, Craig Mayham' of near Pub!!c Service Electric & Gas Co.'s it Meadows, later admitted to a nuclear plant in Salem County. A PSE&G n last Sunday to be working for the official promptly admitted that survell-llipsburg Forum," as well as giving lance, although the utility now says It has ,

nonworking telephone numbers. The .since destroyed the. film from that incl- , >r of the weekly. Forum in nearby dent.

ettstown, who expressed great con ,

that the tnisrepresentation might i - involved that newspaper, says there ' . Distributed B7 ' ' >t a newspaper of that name in Phil- .u rg. SEA A111anc.e f 32+ Blooefield Avenue Montclair, ikT W2 (201)7 W 7491 1M-3M GjZA ser il 1130 510

i Wh6419(gTop POS{ ,21 Wember19fi, #V Area Power Firms

                                                                                                 ,e       ,73 Keep ,. eg               ...F,ile._~.- on.e aritics                W.

i .

            ~'
                       . By Joanne Omang . .y g                    curred last year. This was far more wuvesus eu.s aart wnwr t . V . ;than occurred at aay fother plant l'1.

t Ecctrie utilities in the Washingtoni. 'ine country. "We ' don't'need it," Such metropoutan area keep files- on their. 6 sali ""Ve row have access to the ree- _

            -critica, listing where they rneet and.                 ords/ct the central 4 police) criminal '

what is said and done-in public. Any . ,reecrd exchange." .- g ; . ;. g impucation that there is more in the . 7 He added that the exchangeiwas ; files than that, the conspanies say, is used enly for background caecks on w rong. , . . . , . ,

                                                        ,      ' prospective en:ployees and not c:2 "We attend their meetings but not \ epco's crities. m                                4     ,

undercover" said Jim Buch, who is A BaltimoreiGas spokes nan said with the Virginia'Leetrie and Power the firnr has a three. man Investigative Co. in. R!chmond, summing up the team 31 thin its security:. department general attitude.s"We have informa. to invest: gate thefts and set up secu-tional files on the people and what rity procedures. The team does not in. they say,: but we don't go into their res*Jgste. company cr: tics.nvr attend background. We'd be derelict in our their meetings, the spokesman s?id.

                                                                                   ~

duty to the public if we., didn't keep . B' alt' i sore' Gas " years ago* had .e .1 some sort of track." C,&. ,. . ,.- cess to police files en prospective em -l Off!clals at Vepeo. Potomac Dectrie plo>ees, the spokesman said, but does { Power.Co.. and Baltimore Gas and ,, so no longer. Neither does the com . Dectric Co. are unanimous in resent. ; pany recette pohee information on ac-ing what they see as an attempt to' tivist groups, he sali,'@ '

• f. .(

make-the-mere existance of fUes ap- The work of compilindthe utility pear sinister. They say their critics fi2es is gene aUy handled by the pub-a!so keep fUes and attend company Un relations departments,'the compa. , n cetingsa there stmetimes is no pubML . incognito, uutcry about that. and cs's . nies publicsmd. affairsHal Stroube, officer whotowas Pep-)< fron21972 Opponents of nuclear power plant 10% and is now a private consultant, d

                                          ~

construction and others entical of said his staff "ectered meetm;s lire utilities' impact on the environment reponers." Written reports cf the pro-concede there is no proof as yet that ceedings went to the Atomic Indus ' any illegaUy or covertly obtained in. tnal Ferum and Edison Dectric Inst. , formation is included in local utility tute, beth national trade associat: ens, 3 files. Still they are concerned and were disseminated in those organ. i

               -We were astonished to learn that                  izations' bunctins, he said.                     !

even back in 1;""1,(Vepco) would send "I w:tched lette s to the editor; 3 someone to rnonitor a Ilttle mene we went to meetings. got en mailing hsts were showing in a high school aud;to. of these g*oups and so on, trying to q num." said Ane AUen, president of under*tand what the concerns were the North Anna Environmental Coali. that these antinuclear people had. so l tion. "We hard!y amounted to any- we could answer them," Stroube szii' thing then." ' - , . . - " Damn few of those meetings got any :

             .Vepco has been pla;ued si5ce'1971                   publicity in the papers, so we would $

with bomb threats at its nuclear plant go ourselves. l eenstruction s:te on the North Anna it weald be i responsible not to River. Confidential documents of the keep track of antinuclear protest i Nuclear Regulatory Cornmission, groups, the of*icials saji  ; (NRC), obtained by the Committee fer "Td have to be 1. etty dumb not to I Science in the Pubue Interest under a want to knew wha was involved in . Freedom cf InformaMn Act request, that demonstration at Seabrook (N.H., , list .3 bcmb threats there between where 1.400 protes*ers were arrested 1971 and 1976. m ;.. . last May), and what they did a::d UtiUtles are reluctant to talk about whether they were v:clent or nonviol. bomb threats, reasonir.g that publicity ett er what, so that when our turn creates more of them. In 1975, Vepco cama Fd have some idea how to han. ' asked the Virgima state legislature to give the utiuty police powers of arrest c:e it." Stroute said. To call that counterintelligence or ' fJf as weU as to aUow it to have access to Wa ergate. style survetDance, he went citi:en criminal records.They wanted these new powers, they said, to com-on is ""diculous. unfcunded. It does I ]& the utilmes a real disservice." ply with federal secur:ty re;tlatiens The anMnucle:r groups are uneen. regarding new e=ployees at nuclear vinced. "We know that Vepco has instanatica.. fired recple who expnsed ec istruct.on ~n The re ;uest uas tur.ed dcu n. Verco has no plans to rei-' reduce the pe;em :t the nMur ;' ants ' s.id A .e 2.':en cf the 'inre . inns En.,

                                                                                                                            )O sl) g bill, spokc> man E cric s aid. 'even                   ronmen:21 Ccalition. 1 m not w07-ic,3 though NRC documents show that 13                      reeUy avut th* fUes thereak e. Irs s 3 - ., w      --A,.-        .6.    .c w.          ,         ;      ,,._,u

THE MSHINGTON POST Afaa & 7 .8'M**6" 8.2 " i M e 31 y/. ,

                                                                                                            ~ .d. q*

PICKETr, From Ill

                                                                                                                                         ; nt I ebruary when the Piedmont Alli-i              __

G M e. ance . received a letter signed by M Plfm tt!.W l j k *

                                                                                                                   .-!?'

[.*'.'

                                                                                                                  ! '* 2
                                                                                                                        /         ,
                                                                                                                                         " Charles Startin;' expressing interest in ctvil disobedience.

Alliance memb:rs recall " Martin

• first started coming to the group's bi-weekly public me.=tinas in Charlottes-c *f . "' '"~' ' '" ^'~ " ' " " " '

IH Vag IHf1 ra e ' N *

                                                                                                                   ,*. 0, they said, because he had relatively short hair and wore dark glasses, even indars.

alle looked like a redneck lost M.M .' among a buner of hippies," said PrOteSg

                                                                                                                    * '                  Woody Greenberg, a reporter for the PO lD                                         *
                                                                                                                     'O                  Charlottewille Daily Progress, who Ee. .U         .R. tp                                                          -j                  met

• Martin at the June rally. " lie

                                                                                                                                      ' wore reflector type shades-and you
                             ~

I a'5 just'#en't see those at most protest By Gienn Prankel  ; , ra b." w ashmstom Post Statt Writer j* 'the antit.uclear actitists said " Mar-A top security official at the North /,. tin

• did little talktag at the meetin::s, Anna nuclear plant infiltrated antinu. x . which were devoted to p% ring for clear groups in Virginia earlier this ga> .[1 the June 3 protest at the plant.13ut he

> car at a time when the organizations                                                                                  v                 did describe erperiences he claimed were planning a civil disobedience.                                                                                   ."-                to,4kve had a year earlier at the style protest at the plant.                                                                                                             largescale protests at the Scabrock Assuming r. false Lu name and oc-                                                                                     '.             nu'cle.s plant site in New llampshire.

cupation, Charles Pickett, senior secu- .

                                                                                                           %                 ;            Those protests served as both model and inspiration for the Vir,; inia dem-tity supervisor at the plant for Stone                                  p 7d7 '                  ..          ,

O

 & Webster Engineering Corp., at-                            -

3 / one.f rators. AIQnce member Donal Day, a Uni-tended at least three rtrategy sessions - p, - p Q versity of Vir:: inia researcher, recalls of the Piedmont Alliance for Safe En- a 7 gd -4 th:lt 31 irtin" sue::e<ted those a r-e.gy of Charlottesville and the Virgi . . reyed not pravoke authorities by rc. nia Wnshine Alliance of Ilichmond

• i funng.to. accept bail.

during April and May. * *f fe w arned us that the judge would Piedmont Alliance members say g protably hand out trore severe sen-Pickett participated in discussions of tactics to he used (iuring and after the 1 E ** j-tettees if we practiced ' ball solidarity' t and overcrowded the jail." said Day. protest, which took place June 3 and at which igg persons were arrested. ' "I'\ ertrct he was making it caster on lie also sat in on a session in which a ' M 3 the officiah

• member reported on negotiations for the protest between the antinuclear M

Y;, [A i' X

                                                                                                                ~

4t orie of the meetincs, Richard Du-300.

• Vif'; inia gradaate student who 4 .=

ra .. Is thgroup's treasurer, recalled mak. organizations. law enforcement ot'fi-NT cials and representatives of Virginia Electric and Power Co., owner and op- x . .-* erator of the plant. r A 4 . Alhance members say they were tip- ~~' E(Mkb<*$;- ped off to Pickett by a plant worker w ho said the security supervisor n CilARLES PICKETT l+p - 2 O' ih $I[ l3 boasted of inftltrating the group. They , ronfronted Pickett at a June 2 rally in .. . at June antinuclear rally , Louisa County, where he admitted he M.4 storked for Stone & Webster but de' law enforcement agencies spying on N

                                                                                                                                                                              *I nied he was a spy.                                                                                                                 g, In a brief telephone interview late                an.tinu. clear activists..g,re finding a t'remendous                        l J In- D,             l               ,  t L.

last week, Pickett said he had "a per- crease in the use of security and un. .'.' i sonal basis" for attending the meet- dercover techniques," said John Shat- [ ints but refused further comment, tuck, director of the Washington lega- ' Spokesmen for Vepco and for the lative office of the American Civil Iloston-based Stone & Webster, which Liberties Union. had contracted with Vepco to design "While this may seem to be a small and huild the North Anna plant, de- incidert. the fact \ aren't clear and I 719 nied tlfey directed Pickett ti spy or wouldn't be at all surprised if it was jI j ~)7 9d ./ I f. gather information on the an61 nuclear part of a larger security operation

     'lbe North Anna incident comes at a                      6 he short. strange career of Charles time when civil liberties groups say                  Pickett, antinuclear activist, began they are concerned about an increas.                                                                                 L.

Ing number of cases of utilities and See l'ICKETT, B5, Col.1

t l i en AT 1 1 _*

co rta Anna a

m Worher Infi7trated Meetings of Nuclear Protesters = ing a len;; thy report on the negotia- that of " Charles Sla: tin." tions he and representatives of other Piedmont Alliance members said Day and others told Pickett not to say they would have welcomed Pick-antinuclear groups were having with show up agam at antinuclear meet-that when they confronted "3Iartin" ings. None of the actaists say they ett's participation if* he had been open Yepco the state police and law en- at the June 2 rally, he admitted his forcemer.t officials in Louisa County, have seen him since the ral'y. about who he was and what he where the North Anna plant is 10- real name and that he worked for . lle was very nervous that last w anted. cated. Stone & Webster. Pickett then told day," said Sennkle. " lie knew he'd "IIis infiltrating us was kind of silly "I gave people my impress!ons of the antinuclear activists that he had been caught on our ground and I because there's nothmg to infiltrate," used the alias to protect his job. think he thought w e'd come over to how the negotiations were going and "That didn't add up," said Day. "If said %prinkle. "I don't think he was what we should do," said Dulee. "It stomp him out, esen thou;;h we're trying to instigate anything but I do was information that could have been he was so concerned about his job, nonviolent." think he was trying to gather informa. useful to Vepco." then why was he bragging around the Alliance members who insis: all of tion on us and he wasn't very good at plant about what he'd don'C" their meetm:s and actions are public,

                      ~5fartin" volunteered to attend a                                                                                   it."

Sfay meetir.c in Ilichmond of the Vir- i ginia Sunshine Alliance, a coalition I group, at which final plans for the pt otest were set. He accompanied James Sprinkle, a Aladison. Va., construction worker, to the meeting. Sprinkle, . rho said he was suspicious of "3!artin" because of his appearance, recalled that "3!artin" told him he was a self+mployed land-scaper and again recounted his experi-ences at Seabrook on the way to the meeting. ., ., . , But when they got to Richmond. Sprinkle said, ~3fartin" told him he felt sick and waited outside in the car.

                     "I got rea!!y paranoid that he was contacting Vepco while we were in there," said Sprinkle. "But I felt we
                . had nothing to ' hide from him. So when he kept asking n'e questions en the way home about what we'd dis-eussed in there, I told him exactly what we'd talked about."

Soon afterward, Day said he heard from a friend at North Anna that . someone there was bragging about at-tendine; Piedmont alliance meetings v After some insestigating Day Greg i~ disecvered that it was Pickett who was doing the boasting. p Dulee then checked with directory i assistance and found Pickett's address k(< in Alontpelier, Va., was the same as g',* s - f S ,e

>   j{ V ~ 

• THE SECRET LEIU MEMBERSHIP --

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                                                                              .                                                         s INFORi% TION DIGEST Vc:.. X, #7                                                                              APRIL 8, 1977 CONTENTS PAGE LIBERATION NEUS SERVICE: Brief report on staff and fineaces of the fcaptioned organization, with an appendix of its U.S.

and foreign subscribers ....................................... 102-103 . SUP TUK4S TO TiiE TIIADE UNIO 3S: Reports on the najor effort of the Socialist Morkers Party to infiltrate traSe union organizations end take over lower level union leadership oW 4- wirr

                             ' are as . . . . . . . . . . . . . . . . . . . . . . . . .            .........            199-112 ANTI-WUCLEAR PO!ER: Reports on preparations for a detron-stration cnd nuclear pou c plant takeover in lle i Hanpshire; and notes support fren Paph Uader for destruction of nuclear
              ~ facilities as "self-defense"...................................                                         113-116           i PU'ilC ROCK: Notes the appearance of a new rock music fad pro:aoting violent, anti-social behavior and attitudes uith a resultant potential for public disorder at concerts .........                                                  117 PRDF: ilotes fundraising activities by the'Folitical Rights Defense Fund for court costs of the Socialist Uor):ers Party suit against federal and local intelligence agencies, with en analysis of the purpose and goals of the lawsuit by a PRDF/SUP national leader ......................................                                          118-119 THC PEOPLE'S ALLIANCC: An update of plans for a llenorial Day conference by the transforme? July 4 Coalition ............                                          120-121 CIT STAR: Briefly notes the reappearance of the radical n ewsp ap e r , based in Ucw Yo rk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .            121
                                    +=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+

Distribution of the Information Digest to any ogency or employee' of the U.S. Government is predicated on their acceptance of the publication as construing a transaction protected under 5 Usc g 552(!:)(2), Specific Exemptions of the Privacy f.ct of 1374. Copyright, 1977 _ M !I i130 315 JnnD UUnnD]P_Ushu nnL @gg ff /.' [_ djd'b - rOg CE',T.;!r .'" DN 4 .L C';C%Tl.1. . .

                                                                                                   . =y:         . ,    - . . . - . .

ANTI-NUCLEAP.P0ltR in three ueeks time, opponents of nuclear power plants will mount the first mass demonstration of the year at the site of a proposed power plant in New Harpshire. Depending on their success or failure - other actions in different parts of the United States where nuclear powered electrical generating plants are either in operation or plan-ned can be expec*.ed. The New Hampshire demonstration is being organized by the Clcmshell Alliance (CA) , operating from P.O. Box 162,. Seabrook, im [603/964-6514 and 436-5414]. The Clamshell Alliance is calling for massive civil disobedience [" nonviolent direct action"] and plans to occupy the Seabrook n..elear power plant site on April 30, 1977.

            .f Formed in July 1976, as an outgrowth of the Seacoast Anti-Pollution League, t.he CA organized a series of rallies and demonstrations that                  '

culminated in a Hampton Falls rally on August 22, 1976, in which over one thousand people participated. From this rally, 180 denonstrators moved onto the Seabrook site and announced thef vere not planning on , leaving. The Ycivil disobedience" group were arrested on trespass charges. Af ter their convictions in the District Court, most appealed to the Superior Court: five who did not appeal were sentenced to 40 days hard labor. This yer- the CA organizers hope that 5,000 people will attend the rally and that 1,800 will occupy the nuclear power plant construction site. The ClamsheJ.1 Alliance inclides some fif teen anti-nuclear power and ecology groups suct}',aas Concerned Citizens of Seabrook, the Grani.te State Alliance, the Alternative Energy Coalition of the Herth Shore, , Drattleboro Political Action, the Portsmouth People's Energy Co:=tission, and Nuclear Objectors for a Pure Environment (HOPE) of Montagua, MA. , Leadership roles in the CA have.been taken by the Alternative Energy Coalition (AEC) , 31 Federal Street, Greenfield,15 [603/777-5580] and two individuals, Guy Chichester, formerly with the Seacoast Anti-Pollu-tion League, and Sam Lovejoy of nope. It will be recalled that NOPE leader Lovejoy surrendered himself to poi. ice on 2/22/74'after loosening the bracing cables of a preliminary weather tower at the Montague, MA, nuclear power plant site. The S50,000 tower collapsed. In a prepared statement to the press, Lovejoy admitted

     " full responsibility for schotaging that outrageous sychol of a future nuclea2 powerplant." After a week-long trial in which Lovejoy defended himself as having acted in the public interest, the judge direci.ed           -

acquittal 3 grounds of a faulty indictnent which charged him with # destruction of personal, rather than real property. Lovejoy then told the press, "The publicity *** was a great victory, and we'vc entered the issue of civil disobedicnce into the enviro.nental cove:~ent." , April 8, 1977 -113- (: . ore) Information Digest 1130 316

        ?00ROR8NAL

??~~1 ANTI-NUCLEAR (corr.) During 1975 and 1976, Lovejoy worked to forge anti-nuclear, power " alliances with activist groups such as the 17ar Resisters League (URL) , Women Strike for Peace (USP), and Ralph Hader's Critical Hass. In an article in mid-1976 published in Crass Roots, the newspaper of the People 's Party, he described he.i ha cuggested i::.botage of a nuclear power plant's electrical transmission lines to the Project Survival group in San'Luis Obispo, CA. This nonth, the concept of destruction of property as " civil dis-obedience" has been both espou ed and expanded by "public citizen" Ralph Mader in an interview published in the Village Voice (4/4/77) : in uhich he said:

                .;.-  "What activists rre trying to do is make new lav based on the settled Anglo Saxon tradition of self-defense that stretches back through Bluckburn's com:nentaries," Nader replied.
                "That is, if someone tries to break into your house you can retaliate lawfully. In the casc of a nuclear reactor, the self-defense is projective. But what are you going to do, wait until radioactivity is all over the place? Shouldn't you destroy property before it destroys you? Here you are violating a minor law to get judgment on a more important one, the way they did in the civil-rights movement uhen they sat at those lunch counters."
                      "You know," he said, g~;turing sharply out the window of his office, "if it hadn't haen for those demonstrators, the var would still be going on.       The government was afraid of civil war.     .T'll make a prediction:   If they don't close these reactors down, we'll have civil var within five years. Thera'11 he a big accident, say, out Uest somewhere, and those conservative ranchers will find out that their land and their cattic are vorthless ar.d they 'll use their guns."

Uith acts of civil disobedience being planned against nuclear energy facilities in California, oregon, South Carolint and New York

       . (on Iong Island) , it can be expected that the Clamshell Alliance's militant " Declaration of Hurlear Resistance" (uhich fc310ws as page 116) will proliferate.

As for last year's Seabrook demonstration, the American Friends Service Ccemittee (AFSC) is providing the Clamchell Alliance with train-ing in " nonviolent civil disobedience." AFSC's support is also giving the CA <:omething of a national organizing capability. The tactics for this ycar's training sessions parallel those ' for the 1976. occupation of which one parti :ipant reported:

                                                                                    /
                     "Every participant in the occupation h&d to identify her/himself befc:e hand, undergo a training session in non-iolence and join an affinity group (based on one 's place April 8, 1977                           -114-                  (more)

Inforr:ation Digest 3"; m ", 300RORGIR

m . - -. r i. m n x a u nc - ( ( ANTI-NUCLEAR (CONT.) ' of residence)othat vould stay together during the entire dec~ onstration***. The affinity groups created a mechanism for democratic de:ision making during the action. Thus, each affinity group had its otm designated spokcsperson (or

• spoke *)

as the connecting links. of a wheel. The spoke vould represent her/his affinity group in a centrali=ed decision making body. S/he would also carry information back and forth between the affinity group and the coordinating body, so that the decis-lons of the latter would be based on the input of the collective aff.inity groups." . The advantages of this type of organization at a demonstration were - cvblineclinathe.following..termsk  ; ..:-.

                   **** a large number was not the Clamshell's first priority.

Instead of a mass demonstration distinguishable only by its size, they wanted a tightly knit group that would gain the experience of collective action, maintain a nonviolent discipline, guard against police L. gents, and then remain together as an organizing group _*** \for) when the hard work of building support for the next occupation would begin."

                                       ~

IIllitant action to stop nuclear powered electrical generating . plants has occurred in European countries for several years.. In 1974, at 17yhl in 1.'est Germany, 28,000 people occupied the site of a proposed nuclear pouer station in a nature preserve. For more than two years , the site has been continuously occupied by derenstrators: construction of the nuclear plant has been effectively stopped.

 ,                 The 1?yhl demonstrations and perpetual sit-in has been the model for the Clamshell Alliance organizers.        The 17yh1 dr onstrations have been given considerable publicity in recent months by f1171 magazine, associated uith the tiar Resisters League (URL) , and it has been reported that the Clamshell Alliance has established " fraternal relations" with the West Gerran anti-nuclear activists.

Although the CA is in contact with groups such as the 7-year old tiew England Coalition on Muclear Pollution which has fought nuclear power plants in the courts, the Cla=shell Alliance is committed to achieving its goal through direct action in violation of the law cul-r.inating on physical occupation of the site of the Seabrook plant. , The Cla:ashell Alliance's stater.ent of principles follows: April 8, 1977 -115- (more) Information Digest

WE TH E PE( E demand an immediate a,nd permanc( 2 t o t .c con .ruction a.. es. port of nucicar power plants.

• Nue1 car power is dangerous to 21111ving creatur es and their natural environment. itis designed to concentrate energy, resources and profits in the hands of a powerful few.11 threatens to underr..ine the principics of human liberation on which this nation was .

founded. ~ A nuclear power plant at Seabrook,New Harppshire- or elsewherein New England

                  -         - would locij our region on this suicida1 path. As an affiliation of a wide range of groups and iridividuals, the Clamshell Alliance is unalterably opposed to the const.uction oIthis
                 ,-        and all other nuclear plants.We recogniae that:

1. The present direction in energy research and development is based o'n corporate, cfrorts.to recoup past investments, rather than on meeting the real energy needs of the N people of America. . ,

                      -             2. There'is a malignant clationship between nucicar power piants and nucicar weap *               '

olis. The arms industry has used the power plants as a shield to legitimize their technol. " N ogy, and the reactorindustry has spawned nuclear bombs to nations all over the world,as I well as, potentially,to terrorist groups and even organized crime.

3. Nuclear plants have proven to be an economic catastrophe. They are wasteful and unrcliable, and by their centralized nature tend to tale control of power away from local'

                                                                                                    ~
                                                                                                                             ~

communities. -

4. The much advertised "need" for nucicar energy is based on faulty and inflated -- E

                                         ~

projecticas of consumpt'on derived from a profit system that is hostile to conservation. 3 c The United Statesis 6 percent of the world's population consuming 30 peicent ofits en. s-ergy resources. With m'nimal advances in conservation, architecture and recycling pro- . cedures, the alleged "necd" for nucicar energy di appears. J

5. The materiai and potential destructiver~.:.s of nuc1 car power plantsis utterly hor- i rifying. It ranges from cancer. causing low-level radiation to 'the possibility of major melt- f

                           ' down catastiophes to S seation of deadly plutonium which must be stored for 250,000                         [

r years, to destruhion of our lakes, streams and oceans with hot water.The murderous con- F

                             . tingencies have already filled many volumes, and they cannot be countenanced by a sane             -

society. No material gain - real or irnagined - is worth the assault on life itself'that atomic energy represents. , , s - WE THERhrORE DEM AND:

1. T' hat not one more cent be spent.on nuc1 car power reactors excpt to dispose of those wastes a and to decommission those plants now operating.

2. That American energy resources be focused entirely on developing solar, wind, tidal, geotherma other forms of clein energyin concert with the perfcction of an effn.icnt. system of recycling and conse

3. That anyjobs lost through cancellation of nuc1 car construction be immediately compensate energy ficid. Natural energy technology is labor intensive (2:. opposed to nucicar, which is create rnorejobs- permanent and safe - than the atomicindustry could ever promise. Any disloc shift from nuclear to natural energy must be abscrbed by capital, not labor. ,

4. That a supply of energyis a natural right 2nd should in a11 cases by contralled by the people. ,

must give way 1o publicrontr_ol.

5. That in concert with public ownership, poder supply should be decentralized,so that environme furthur minimized, and so that control can tevert.to the local community ar.d the individuai.

We have full confidence that when the true dangers and e> pense of nutic.r power are made known to ican peopic, this nation will reject cut of hand this tra;i: experirnent in nuticar suicide, which h much in health, environment quality, and material rescurecs. }] ]g The CLAN SH El.L ALLI ANCE wi!1 continue in its uncompremising oppositien to any and a'i nuc; c 1;on la New England. Our stand is in derense of the health, safety and ncaeral well-being of oursc1ve . ar.d of future nencr2 tam living things on this planet. 'that should n: cle: r comt setinn WI b- in p:ms: at Sobr eok,b l an;. .. r c m-

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1re w ___. _ - e M j; . 7 J 4 I Tile FEDERAL BUREAU OF INVESTIGATION ENTERS Tile NUCLEAR AGE l l

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                             "Over organizationc aubucroive    the years, cc have     been varned about the dangers of
                                                    . . . organizations i'

that vould incita and perpetuate violence, pit onc American group againct another . . . there is an organization th2t doca fit thoce decarintions. It is the organization (the F.B.I.) that han been most active in its

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carnings to M on guard against auch organizaticnc. " I g i

                                                                -- Senator Phillip l! art l
!                 The Federal Bureau of Investigation has amassed fi}es and indices on over 6.5 million American citizens, political organizations, and events. It has a cross-reference index that contr 's over 59 million cards and it employs                 8,313 Special  Agents to do its legwork. in 59  Field Offit s and   500  Resident     Agencies   across  the  country In 1978, the Bureau operated on a total budget of $513 mil-lion, of which $402.6 million was used to finance domestic security and criminal investigations (including $2 million for undercover operations).

The movement degree to which the agency is involved in surveillance of the anti-nuclear and other persons and organizations suspected of being threats to nuc-lear facilities can only be guessed at. Aside from the fact that much of the Bureau's activity is veiled under the cover of " national security", access to in-formation is aise frustrated by the fact that many FBI investigations / programs are disguised by the use of such vague labels as terrorism, sabotage, national defense, or internal security. Ilowever, enough data has been gathered by the authors toand gathering confirm that the FBI is heavily involved in nuclear power intelligence surveillance. Wi.1,smOne starting Sullivan point for consideration is the nuclear involvement of the Inte and Charles D. Brennan. Sullivan hadAssistant been the Director of the

01. :ce of National Narcotics Intelligence and the FBI.

later the Director of With the assistance of Charles Brennan, Sullivan headed the FBI's C01NTELPRO operations during the 1960's and early 1970's (COINTELPRO is the code name for a Bureau sounter-intelligence program that relied upon a range of covert and illegal actions to disrupt the political activity of anti-war activists, leftists, and the civil rights movement- 1 s tactics included IRS tax audits, harassment arrests, attempts to defame organization leaders , ard police raids). federal Sullivan was also the lobbyist for the FBI's Huston Plan ta intelligence community program to use burgulary, wiretaps, electronic surveillance, pose a threat and mail coverage against " individuals and groups in the U.S. who to the internal security; after a short l i fe, the prog r.im was scratched by FBI head J. Edgar floover) . Following his retirement from the FBI in 1971 after a falling out with lloover (who Sullivan felt was becoming too cautious about conducting surrepti-tious entries and covert operations), Sullivan went Report for the Atomic Energy Commission, to work on the Rosenbaum lie was a member of the small team of consultants which prepared the study under the aegis of Dr. David Rosenbaum; and Rosenbaum, interestingly, had previously served under Sullivan at the Office of National Narcotics Intelligence. As noted earlier, their final Report placed primary emphasis on intelligence-gathering and infiltration of suspect groups as samr ig 1130 325

                       ,                                                                          200R OR K L a deterrent to nuclear theft along with " ongoing analysis of the at titudes of the people in the (nuclear) plant and the comnunity around the plant".

Both Rosenbaum and Sullivan's former coll (ague Charles Brennan worked on the Mitre Report for the Nuclear Regulatory Comaission several yea rs later.

 'Ihat study recon! mended surveillance of any group that organizes large demonstra-tions and any person " expressing undue and unusual interest in plant activities and the like." In other words, Sullivan and Brennen, with the assistance of Rosenbaum, have set the stage for the revival of ti e COINTEI. PRO program in nue-lear intelligence operations. The sequence of events reminds one of the old French adage:      "The more things change, the more they remain the same."

The FBI's involvement in anti-nuclear intelligence goes far beyond the act i-vities of its alumni Sullivan and Brennan, however. And tha' involvement has been extensive. Although the FBI received its authorization for nuclear intelligence operations from the 1954 Atomic Energy Act, it began exercising an interest in the nuclear a ret. long before that statute was enacted. For example, the FBI used physical and electronic surveillance to spy on J. Robert Oppenhei;ner from 1941 through at least 1954. Oppenheimer is known as "the father of the atomic homb" According to documents released under the Freedom of Information Act to the Ch i ca go Sun-Tir'es , the FBI at one time had three cars cruising Princeton, New Jersey to tail the scientist. The FBI also invest inat ed the I ederation of American Scient ists (FAS) from 1946-1950 during the period when IAS sought civilian control of atomic energy in the forn of an Atomic Energy Commission. During that time, the Army gave the FBI a report that among those FAS of ficers involved in " communist front activity" were J. Robert Oppenheimer, liarlow Shapley ( font.cr President of the American As-sociation for the Ad'/ancement of Science), and Nobel Prize-winner Ibrold Urey The FBI closed is FAS investigation in 1950 with precious little substantive information in its FAS dossier. 1 More recently, the FBI's nuclear interests have apparently picked up. Pos-sibly in response to the had publicity it received after the revelations of the - wrong-doing under the COINTEI. PRO progran", the agency began looking about in the i early 1970's for new reasons to justify continuance of many of its old operations. Nuclear power was among the issues the FBI sei:cd upon; a new era was unfolding. Indicative of the new direction the agency was chartering for itself was its 1974 Annual Report; the document noted, in part, that:

            ". . . publicity concerning the possibility of nuclear blackmail by            ;

terrorists has made available to the public detailed information rela- i tive to nuclear energy, radioactive material, and storage and trans- i port of nuclear weapons. This has resulted in an increase in the num- I ber of investigations involving possible violations of the Atomic En-ergy Act. This trend is expected to continue." More recently, the FBI has . turned its attention to the anti-nuclear movement. In response to the question of whether the FBI investigates groups that occupy nuclear facilities (such as the Clamshell Alliance ii; New England, the Abalone 1130 326

300R ORG R Alliance in California, and the Palmetto Alliance in south Carolina), the answer is an emphatic "Yes" According to James Adams, FB. Deputy Assistant Director,

    "(W) hen t hey step on that gove rnment facility it is trespass. And, under the Atomic Energy Act, the FBI has the investigative responsibility to investigate trespass on an ERDA facility." U 8 Adams has also commented that "I would be incorrect i f I took the position that we don't have anything in our files dealing with the peaceful uses of nuclear energy pro or con."J'On whether the agency maintains dossiers on nuclear opponents.

Adams has been less specific: "not ... soley on an individual's opposition to the use or expansion of nuclear energy. However, such informat ion may be developed and maintained"a' incidental to other investigative activity .. it could become a relevant issue The justification for the FBI's interest in anti-nuclear activity is t race-able at least partially to the " communist threat" theory. Adams has explained that "the Communist Party of the United rat;s, E ict ;n dominated and controlled by the Soviet Union . . . has as a program to try to discourage the use of nuclear energy in the United States.""Therefore, the FBI apparently rationalizes, i f any other organization has an anti-nuclear stance, it automatically becomes suspect under the Bureau's investigation of the Communist Pa rt y. In early 1977, FBI Di-ret tor Clarence Kelly underscored Adams' remarks when he reported that spying by agent s of Communist countries in the U.S. continued " unabated" explaining that their targets included scientific and technical resources. Given the " level of the threat currently posed", Kelly announced, the FBI "will have to be nuch more diligent with " full utilization of all exist ing counter-intelligence resources." Consistent with this attitude, the FBI has been providing both the Depart-ment of Energy and the Nuclear Regulatory Commission with advance warnings about individuals and groups that it believe may pose threats to nuclear facilities FBI files include the results of over 2,000 invest igat ions per year for ERDA/ DOE and t he NRC'.' ' In fact , the FBI has consistently conducted more investigations for the nuclear energy agencies than for most other federal agencies and in 1975 it surpassed them all .' ' Every FBI Field Office has one or more Special Agents who are assigned to act as liaison officers to the Nuclear Regulatory Commis sion, Department of Energy, and local nuclear facilities. 'Ih rough t h i s link, as well as at the national level, a flow of safeguards in format ion passes from hand to hand. In addition, informat ion about the more than .'00 bonb threats against nue-lear facilities le the U.S. is maintained in the agency's National Ponbing Data Center in the organized crine division. In 1976, the General Account ing Office released a report on its IS-month study of the FBI's domestic intelligence investigat ions. The GAO found that ut ili t y employees were regulatory used as " con fident ial informant s" in the FBI's investigations. As discussed later, many ot i1it les have apparent ly de-veloped file-keeping systems to monitor local ant i-nuclear act ivit ies. Pre-sumeably, this information has been among that provided to the FBI. The data received by the Bureau goes into the permanent FBI files and is disseminated to other federal, state, and local law enforcement agencies. The FBI also received arrest records and other information from various police agencies around the country. This data is recorded in the agency's National Ccime Information Center (NCIC) computer (whose funding the Carter 1130 327

Administration reinst ituted after earlier rejection on civil liberty grounds by t he l ord Administ rat ion) . The NCIC links federal, state, and local law en fo rc emen t agencies and allows police in 18 states access to its 6$ million records. In 1976, the Scientists Institute for Public Informat ion conducted a study on NCIC noting that because of the large number of NCIC terninals (between 6,600 and 7,000) there are serious security and privacy problems. There is no indepen-dent auditing of what information is placed in the NCIC data banks and there have been several cases already where the computer has been abused. For example, t he Georgia Power Company and the Alabama Power Company have bot h received inforr.at ion from the corrputer. According t o former Georgia Power security officer William I.ovin: "I could get anythiny, I wanted on your back-groiuid -- by noing directly to a sheri ff or possibly a chief of police in this state -- or anything that had been fed into the national computer." The only stipulation was that the material be burned after it was transcribed. Not surprisingly, Congressman John Moss (D-CA) has called the NCIC computer "the beginning of the creation of a national police force (which) poses a threat to the civil libert ies and privacy of every citi: en. [m_r m Emi - t ~ ~m q j iL=m

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1130 328

f: t 8 i B D.O.E. SN00PS 4

                             "if ue have it in he filec, ue give it out . . . "
                                                        -- a DOE official i

1. A Few Choice Selections:

                     "llyperactive fellow" was the term an NRC staffer used to describe Illinois State Representative Richard Mugalian in one of the files released to the au-thors under the federal Freedom of Information Act by the Department of Energy (formerly the Energy Research 6 Development Administration -- i.e. ERDA).

S Another ERDA memo reported that all of Kansas' major office holders sup-port nuclear power except for the Attorney General - "the only Democrat in the group." A third file stated that "the political climate in Missouri seems to be gener lly hostile to utilities". The file further commented that according to a Missouri utility representative, former Attorney of Jackson County (Mis-souri) Teasdale was " excessively and irrationally hostile towards utilities." And a supporter of the citizens' initiative for a nuclear moratorium in the ( state was described by the file's contents as a " gadfly" Further similar DOE /ERDA files came to light when an Iowa group called Free Environment got its hands on one page of ERDA's records describing anti-I nuclear activities in that state; the file was entitled simply " IOWA" The l citizen organization pressured ERDA to release the full records for the state t on Iowa's nuclear program and policies; subsequently, ERDA released over 100 pages of materials to Steve Freedkin of the group. A large portion of the documents contained notes prepared by Ruth W. Gussman, an analyst in the agency's Division of Nuclear Research and Applications who had been assigned to the Of-fice of Industry, State G Local Relations when she developed the data, lie r [ notes fo-pects contained information on current nuclear power generat ion and the pros-

                          .dditional capacity along with information about anti-      ant. pro-nuclear activities in ten midwestern states.

The Plant Siting Commission in Ohio was described as being hostile for

• "its demands for information and its reviews beyond areas which the utilities deem appropriate for its charter" Gussman also reported that the prime mover in the Ohio safe energy initiative was Ohioans fo r Ut i l i t y Re fo rm -- a coa l i-tion composed of eighteen groups (these included Operation Push, the Ohio Coun-cil of Churches, the Ohio Coalition of Senior Citizens' organizations, Council 455 of the Communications Workers of America, the International Chemical Work-ers, Western Block, and the Richland County Labor Council) . "Despite their impressive names ," Gussman recorded, "some of these organi zat ions represent a small number of people."

The last point may appear insignificant. Ilowever, when juxtaposed against reviews of organizations sympathetic to nuclear power, it can be easily seen that DOE /ERDA's records carry a heavy editorial bias -- possibly great enough gpT Fi 1130 329

to be considered distortions and fabrications of information. For example, consider the rather positive commentary on the people working to defeat the California Nuclear Safeguards Initiative and keep nuclear alive in that state:

                 "A broadly-based coalition of labor, industry, utilit ies, fa rm ,

science, and minority groups has 'ocen formed to counteract the initi-ative efforts ... At present, the group wishes to avoid seeming to subvert the democratic process by urging the electorate against sign-ing petitions, but should the initiative effort qualify for the bal-lot, the coalition will be prepared to move out with a campaign." The Gussman documents also described a question / answer television show on nuclear power which was aired in Iowa on March 12, 1974; the show featured William 11. Smith (the Assistant Manager of Information 6 Security at the AEC's Ames Laboratory) and Skip Laitner (then a member of Citizens United for Respon-sible Energy). The following day, Smith reported to 'ary Pitchford of the AEC's Chicago Operations office that the program was unusually animated. lie said:

                "I would not say, hc4ever, that we Icft the opposition battered and bleeding.
                " Skip Laitner is an articulate spokesman and has a tremendous capacity for recalling a prodigious amount of information .. . Skip tended to monopolize the evening, and reiterating previous charges. This,    interrupting   all participants, I think, must    have been irritating to the viewing audience."

The authors followed up on documents released to Free Environment by request-ing similar records for all the other states. DOE attorney Nancy Speck responded that "they (i.e. DOE) might have gotten rid of them ... as a result of this other (i.e. Free Environment 's) request. They might have discovered that they were collecting information they shouldn't have." Later, whensuch for information RuthasGussman was asked how she responded to industry requests that found in the above-described documents, she replied:

 "if we have it in the files, we give it out."

II. Agency Surveys: It would appear that DOE /ERDA has relied on a number of methods

• a acquire the infermation that accumulates in the agency's files. Among these have been numerous surveys.

For example, in 1975, the Social Impact Assessment Group at the Oak Ridge National Laboratory (which is operated by the Union Carbide Corporation at Oak Ridge, Tennessee) conducted a study in conjunction with ERDA of the community around the proposed siter of the liartsville nuclear power plant. (The plant was to be constructed by the see; ennessee Valley Authority near Dixon Springs, Tennes-it would consist of four 1100 MWe units and be located just 35 miles cast of Nashville in Trousdale County on the Cumberland River.) The community survey was conducted to collect data and assess attitudes, expect ations , and group membership. It looked at "st ress indicators , group ll J 330

wy e formation, and intergroup relations" in order to develop a " theoretical work for social impact analysis which, among other things, would specify frame-

        .ypes of major impacts to be expected at each stage in the 1i fe-cycle of athe power generating fa c i l i t y. " Additional goals included:
                        " specification of the characteristics of tne most affected segments of the community populat ion and assessmentintensely-the                                                                             of mightfeasibility     and effect iveness of ameliorat ion st rategies that reduce adverse impacts."

County Thein project 1975; conducted two attitudinal surveys the second was conducted just in llartsville and Trousdale ings were scheduled for the proposed plant. a month before licensing hear-focused on: Among other things, the surveys

               -- sources of information about events plant and the perceived reliability of these sourcesin the town and the proposed
              -- attitudes toward the proposed plant and toward T.V. A.
              -- perceived likelihood of various outcomes that could accompany the plant and the desirability of these outcomes
              -- basic demographic informat ion about education, and occupation.                      respondents such as age, favorable to nuclear power and to the proposed plant.In addit Not surprisingly, one of the purposes ident ify supporters or opponents of the plantof t"he surveys was admit tedly "to informat ion would be put to, however, was not made
                                                                        'lhe exact use to which this clear.

events that followed closely on the heels But a nicnher of that were made of the data. of the survey suggest possible uses On .hute 4, 1976, not ings were held in Nashville regarding the proposed liartsvilllong after the su There had been a great e Nuclear Power Plant . lear activists had cause to suspectueal that of activity surrounding the andhearings anti-nuc-telephone company manager refused to respond to requast The stheir phones had been ta possibility. On June 3, the night to investigate the of Concerned Citi: ens of Tennessee before the hearings , t he home of a member were ripped open and searched -- apparently in llartsville was broken into and foot lockers as part the felon was never apprehended. of a scaren for document s. I11. ICE's File System: st rictUnder ions in it s Privacy Act guidelines, ERI)A/lOE i s its file-gathering activit ies. I'o r exampl subjected to a number of re-e , it cannot: an " collect , maintain, use, nor disseminat e informat ion concernin individual's religious or polit ical heliefs or act ivit ies or hi s g membership ual has in associat ions or organ izat ions , volunteered such informat ion for his unless (i) the individ-i n fo rna t i on own benefi t ' , (ii) the tained, used,isorexpressly disseminated;authorized by statute to be collected , main-or (iii) the act ivit ier involved are 1130 531

pertinent to and within the scope of an authori: ed investigat ion or adjudication activity," ' Although the guidelines seem reasonable on the surface, they actually allow liRDA/ D01: a great deal of discret ion; and upon examination, one may wish to ques-t ion whether the agency should be allowed such generous leeway. In some cases, it appears that DOI has flagrantly violated its own guidelines. DOI: has an elaborate filing system"for the information it gathers. It also has a liberal disseminat ion authority. The catch-all title " Investigative Files -- 1:RDA (now DOE)" has been used to identify records kept on:

            " current and former ERDA and contractor employees who are the subject of investigations and individuals involved in miscellaneous investigat ive mat ters."

No further explanation or guidelines have been provided by the agency of what constitutes a " miscellaneous investigative matter". It could be presumed, however, that i f such investigative files were soley pertinent to violations of the law -- as the agency's limited authorization for investigations would re-strict such data to be -- then they would have been included in the earlier category pertaining to such matters instead. The Investigative Files are generated by what had been the Office of In-ternal Review and are now in the Inspector General's of fice. That office conducts investigations of alleged improprieties of ERDA/ DOE: " guys that are making it with the secretary," explained one ERDA official. The Karen Silkwood case was among the " improprieties" relegated to this section. The Invest igat ive File:, cont ain " report s , memoranda , letters, and (when applicable) performance evaluat ion of the assigned invest igator". As with other files , these are open to law enforcement agencies as well as to the General Account ing office, Congressional oversight committees, the Department of Justice, and to federal, state and local agencies investigating equal employ-ment opportunity complaints. ERDA/ DOE's Security Correspondence Files covered people "of interest to Energy Research 6 Development Administration officials". No further descrip-tive guidelines are provided. The files , according to DOE /ERDA, are composed of " correspondence from individuals, news media, and information reports" (which could include reports from informants and agents). These files were indexed by the individual's name and are available to federal law enforcement and investi-gative agencies. Information found in the above-described files can include data received from the FBI as well as from other sources. For instance, in 1965, the Atomic Energy Commission contracted with Wackenhut Services','the third largest detec-tive firm in the country, to guard AEC's Nevada Test Site and provide "other related services" (unspeci fied) . The contract totalled $50,941,000 as of Decem-ber 1976 (monthly rate was about $27,000). In a contract amendment written to comply with the 1974 Privacy Act, ERDA/ DOE finally specified to Wackenhut in 1976 that it should: 1130 332

                                                                        " comply with the Privacy Act of 1974 and the rules and regu-lations issued pertinent to the Act in the design, development, or operation of any system of records on individuals in order to accomplish an agency function when the contract specifically iden-t i fies (i) the system or systems of records and (ii') the work to be performed by the contractor."

There are several problems with the above. The fi rst is simply that the Privacy Act is written in generally broad terms and the subsequent DOE /ERDA guidelines have not greatly added to the statute's specificity. Perhaps more importantly, the amendment may, in effect , exempt Wackenhut from Privacy Act regulations for its "other related services" to the NRC and EPDA/ DOE since these are not .specifically spelled out in the contract. As noted earlier, Wackenhut apparently relies for some of its information on the records of the Church League of America which include the files of former Senator Joseph McCarthy; the Church League is reported to claim to have the largest collec-tion of files on communists and the new left in this country; it would ap-pear that most of this information is unveri fied. Thus, one can only specu-late what Wackenhut's "other related services" might entail and how the Pri-vacy Act loopholes might allow the use of incorrect or otherwise impermissable informat ion sou,rces and files. s f5 ' N CAR HATERJAL hNCH ttA1 CCNTAMATE f frit fCBLIC k!!LL SE RLLth 3 E D. . s <c (ra m K  ;- - l Dove n ( / o(  ; 3%Y dE

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I I l s _RfCO'Nr.NDATIONS 1:0R Tile POI.lCE STATE "The firat and one of th. mc.it in;>artant linca of defcnu ajainal group al.ich r:ight attempt to illegally a2quirc crecial nualt ar mteriala to m:ko a un: von le timcly and in-dcpth inta-ligene..

                                                     -- The Ecscnba:m Report There have been several government reports, working papers, and studies that have recommended the use of intelligence in assessing and deterring the nuclear threat . Most noted are the Rosenbaum, Mitre, and Barton reports, all of which the government attempted to suppress.

The first A-7 to become public was the Rosenbaum Report which was released by Senator Abraham Ribiceff on April 26, 1974 It had been prepared as a secret working paper for the Atomic Energy Commission. hhen the A.E.C. learned of Ribicoff's plans to disseminate the document to the prbss, one Commission member phoned to urge the S.nator to " sit on it", The Rosenbatra Report concluded:

              "'l he Fi rs t and one of the most important lines of defense a-gainst groups which t.ight attempt to illegally acquire special nuc-lear mat erials to make a weapon is t imely and in-dept', intelligence.

Such intelligence may involve electronic and other means of surveil-lance, but its most important aspect is infiltration of the groups themselves 11 is not the AlC's business to conduct this sort of in-telligence-gathering, (the responsibility appropriately belongs to other agencies) including the FBI, CIA, and NSA (which) focus their attention upon this particular threat to our national defense and security.

             "Since safeguards are really the protection of the system a-gainst events which are determined more by people and their atti-tudes from day to day than by the outcome of many fixed decisions of some time past , what is done on one day affects the nature of the result on the next .. There must also be an ongoing analysis of the attitudes of the people in the plant and the community around the plant."

The conclusions of the Rogenbaum Report were reinforced by "The Threat to Licensed Nuclear Facilities",^ a study prepared by the Mitre Corporation for the Nuclear Regulatory Commission in 1975. Stressing again that the safeguards sys-tem must be prepared at its weakest point, the NRC consultants threw up their ams in the air and said that the stakes are so great and the range of possi-bic saboteurs so wide that the potential threat couldn't even be characterized. The number of members and strengths of groups are not accurate barometers of its potential for nuclear violence, they argued, since any single incident could be devastating. For that matter. said Mitre, any group which organizes large demonstration is suspect since, despite its own position on violence, it , could " attract extremists to the cause." Communitiessurroundingnuclearplagts > ShBtr 2o ))bb J '

i.4% i 6 1 I j should be monitored as well for suspicious actions such as " individuals ex-i pressing undue and unusual interest in plant activities and the like." Mitre i urged the NRC to distribute the intelligence data it gathered to the security I officers at each nuclear facility.

 ;            Among the observations to be found in the Mitre Report are the following
 ;     key thoughts:

i i "We believe that our country is likely to continue to have fewer i violent domestic insurgent problems than most other large Western counti res . The primary issue of interest here, however, is not that l of the number of groups or their numerical strength, since even one

 ;           major incident would be very serious.

t i "Some future revolutionary groups in this count ry may be made I up of educated, intelligent , highly-motivated youth ... It might f also include members who have had training in various engineering

 ,           and scientific specialties including nuclear ... It is unlikely that such a group would come to the notice of law enforcement authorities before it conducted its first violent operation.      Thus, the sa fe-guards system must be prepared at its weakest point to stand an un-expected attack from a group skilled in both technology and weapons, domestically-based, and with inside collaborators-
                    "Any movement which organizes very large demonst rations at nue-lear sites might attract extremists to the cause. Such demonstra-tions could escalate, either by accident or design, to confrontations and clashes with police forces. Increased militancy of a clandestine nature, including the use of explosives might follow.
                  "A group intent on destroying a nuclear plant to cause a sizeable i

public exposure to radioactivity would probably try to learn as much as possible about the relevant engineering details ahead of time. l The success or failure of an attack might depend in large measure 0:. such information, much of which is now available to the public .. i We recognize that the public itself has a significant need-to-know r about many aspects of the licensed nuclear fuel cycle. A balance must be struck therefore, between the need to inform the public and the need to keep sensitive information out of malicious hands. i i

                   "There is no possibic, simple, numerical characterization of the threat to licensed facilities. There is unlikely to be any single,
   '       simple answer which will assure us of complete safety against mali-cious action. The threat is int rinsically complicated, being linked to the ingenuity of the threatener . . . The fate of nuclear power in our country and the world hinges upon finding an adequate answer.
                   "We recommend that NRC maintain a close working relationship with the intelligence community and keep intelligence agencies a-
   ,       ware of the information needed by NRC to meet its safeguard respon-
   ,       sibilities. In-depth information about terrorist and other threat-ening grcups should be obtaiied by NRC from these agencies including i

any information indicating a potential threat to the industry gener-ally, or to a specific company generally. NRC should have personnel 1177 77C IIJU JJJ i

qualified to evaluate this informat ion and to act on it, because it is through such liaison that early warning signs of a potential threat may be received. NRC should insure that the appropriate '.nformat ion is disseminated to security officers at each nuclear facility to enable them to take the necessary action." The NRC had the foresight not to totally overlook the civil liberty impli-cat ions of nuclear safeguards. On October 17-18, 1975, it sponsored a "h'orking Conference on the Impact of Intensified Nuclear Safeguards and Civil I.i be rt i e s" at Stanford I.aw School . Under an NRC contract, Stanford professor John 11. Ibi r-er4 Nmwarizing the Conference discussion. The conclusions, tonpreparedapap#Ilointedout which one reporter were politely couched in the future tense (" A f t e r all, NRC paid for the study")^ Oirn that the government will increase surveillance, wiretapping , use of informant s , clearances, and psychological testing. All Con-stitutional limitations would be threatened, particularly freedom of association and speech. Barton noted, in part , that:

            "the government will seek to prevent nuclear theft and sabo-tage by watching groups thought likely to carry out such actions in the future. NRC would presumably assign responsibility for such surveillance to the FBI -- some incremental increase in the use of wi retapping and of informers is a likely response to the plutonima ha: ards.
            "Many of the proposed safeguards procedures are extensions of activities in which the federal government and some of its private cont ractors are a1 ready engaged.
            "In constitutional language, the most serious effects are on freedom of association and discussion (particularly on nuclear is-sues) and on privacy. It is clearance procedures and continuing surveillance of potential dissidents which create the greatest dan-gers to association and discussion."
                                                    ?0DR DHlW1 l}             },

t a i G > I 1130 336

                                                                                                                  .i SAFEGUARDS SYSTEMS CONCEPTS                                                                    .

FOR NUCLEAR MATERIAL TRANSPORTATION

                                                                ,                                               t Final Report                                                       1 l

1 Subss siem No. 2 - Intellicence Af anacement:

                                                                       )DDR BRfilNAL Ohicctise:                                                                                                     :

f To obtain information on potential adscrsary actions so that action may be taken to counter th m; to proside a source of informanon for the monitoring and upgrading of safegu ' system performance. Desien Recairements: e 1 cselopment and operation of a centralintelligerue .;atherin.: md analy.su pr..f.n. deal. ing with potential threats to the nuclear industry (this desi:n requnement shou:Joser c fixed facilities as well as the tr:unport sequence). Development ef procedures for response to identified potenti.d threats or con 3pi w Program of rewards for information on potential adur.-ary actions. Orzanintions insolsed: Federal Gosernment, licensee, local and state gosernments. Discow m it will be possible to dncm cr and halt some potentia! adversary actions by o and analyzing information on indications su 's actions might take place. , !awAt present enforce-ment agencies are obtaining mf..rmation on persons and groups w hich hase the poo nual for conductin; an action aga nst .m SSNA! shipment. The recomi1 ended subsystem wou mcchan for the acquisition and ore.mization of relevant dar ed for analysis specincaiiy direct, e

• identifying thicats of m A olent action against S5.N.'J tion o' It would require the e regna.

              ..n trol agency respons             the intelligence functi      definition of pr .u res for routi.       1.ropriate data to the        na:ed agency and the ide:

ria t e 2non of what dar . m a.. arop-a n t sources they -

                                                 .uned from. Technitp . s      .dyem; ne-    >     -
                                                                                                      ~ c r-forr.             . a ses,mua     -

of the sprern 2 a.- ru. i t ments .

                                                  . nientified threats.

6 72\  ; 14

6 - Tilli N.R.C. . JOINS TiiE ACT "To the cxtent that un h;we civil liberties at all tody, it is bemna un have not %d to aak auratict:0 like chether it e bet-

• tar to turt ure a cuapcatni terrarint than let a city go up in ftrec. "

                                                    -- Rusuall Ayreu, Ecquira The roots of the Nuclear Regulatory Commission's involvement in intelligence-gathering and surveillance as a safeguard measure appear to be traceable to a series of events over a period of years. These include a number of studies done by the hiitre and BDh! corporations as well as a progression of real and irr.agined threats to nuclear facilities.          The NRC's surveillance network further appears to have grown in direct response to the agency's own perception of the intensity of organized anti-nuclear activity in this country.

I. The BDh! Report: une of the fi rst known ventures by the NRC into the area of espionage and intelligence-gathering following it s creation under the 1974 Energy Reorganiza-tion Act was the commissioning of a study by the BDM corporation; the study was entitled " Analysis of the Terrorist Threat to the Commercial Nuclear Industry " The BDM Corporation, a Virginia-based think tank and research firm, pre-pared a series of in-depth studies in 1975 profiling the people and groups who might pose a threat to nuclear power facilit ies. It reviewed te- classes of persons and organizations who might be threats; the review was ased on a set of 475 profiles of individuals it had compiled plus a survey of some 200 publica-tions from 1968-1973. The classes included domestic groups, individuals, ad hoc groups of two or more individuals, criminals, dissident employee (s), sociopathic g ro up s , separatist groups, revolutionary groups, re. tionary extremists, violent issue-oriented groups, and anarchists. In describing the " violent issue-oriented groups", BDM noted:

              "The charas:teristics of this group are that it is libertarian, issue-oriented and has democratically-selected leadership. The group has reasonable cohesion and addresses its appeals to the educated and the middle class in its efforts to attract supporters.
     ~1 h t' motivations (attack objectives) of this group type are protest an. public statement and the targets attacked by this group are symbolic and protected. The tactics (types of attack) used by this group have usually been legal and within the system. They have focused on protest and demonstration and violent tactics have tended to be spontaneous and relatively short-term. The resources of this group are significant.          The organization reflects a reason-able degree of discipline and capacity for detailed planning. It has a high 1cvel of knowledge and understanding about the target.

Its personnel are sufficient in numbers and have the necessary skills and training technically. Ilowe ve r , it lack weapons and tactical assault knowledge, both of which it could secure.

                                                                                 )).h
                                                                                    ') 330 YYV Y

                         "An illustration of this type of group is SANE which was founded after World War II. It is composed of professionals and other indi-viduals who come from the educated and middle class sectors of the community. The group's efforts have been largely devoted to demon-strations and sponsoring educational programs.
                         "When nuclear power becomes widespread in its use, a raised
                   ' consciousness' might result on the part of anti-nuclear groups          .

and possibic hostage actions might result." In the event that the above was not clear on this point, BD51 and presumably the NRC define " violent issue-oriented groups" to include those same organiza-tions others would call environmentalists or public interest groups. Among the NRC's earlier programs for dealing with such violent issue-oriented organizations was the development of a number of classroom programs for the agency's security staff. The classes allocate two hours to the nuclear threat and its tactics and motivation. The blitre Report ar.d the BD51 study are the reading ma-terials along with the publications "On Organizing Urban Guerilla Units" and

           " Women as Terrorists" (both issued by the International Association of Chiefs of Police. The course material teaches that the types of individuals who might become threats are disgruntled employees, mobs , demonst rators , organized crime ,

and terrorists; the individuals in these groups, the course professes, may have no criminal record, no delinquncy history, may be well-educated, welcome matyr status , may be organized and in groups , possess military skills, and may be women. II NRC's Views on " Protest Groups"- In late February 1976, the Contingency Planning Branch in NRC's Division of Safeguards prepared a briefing book for Kenneth Chapman to use for his appearance before the !!ouse Interior Committee -- Subcommittee on Energy and the Environ-ment. The book, which have been treated by the agency as "classi fied, confiden-t ial national security information", included the following description of " Pro-test Groups"-

                          " Characteristics: Included in this Icvel are those gorups, loosely organized to promote a cause by mass rallies, public display, marches 6 pickets. Violence emanating from their operations tends to stem from spontaneous reactions to confrontations during rallies or marches.            Vio-lence has reached significant proportions, however, during or following mass rallies in the form of vandalism, arson, bombings, and looting.

Protest groups rally to draw attention to their cause and attract sym-pathizers. The larger the rally, the more attention is focused en the inj ustices perceived by the group. Activities of these groups have, on many occasions, included seizure of public or private property, sit-down.;, occupat ion o f areas , blocking t ra f fic and ent ryways to fac i lit ies , and confrontations with police or other authorities. Violence-oriented groups have sprouted from protest g roup s . 'lhese splinter groups fall into the IcVel of terrorists.

                          " Incentive:   Real or perceived injust ices to individuals, groups, or society are incentives for banding together into protest g roup s .
                   >! ass action is most frequently triggered by some event which is dis-m.- __. _-~       -
                                                                                    }}3)        3)h

taseful or repugnant to the group. As an exarple, protest groups t hat are particularly interested in the protection of the environment may target the facilities and operations of the nuclear power industry due to suspected or perceived threats to the environment in the form of heat generation, radioactivity, etc.

            " Tactics   Mass rallies , demonst rat ions , marches , picket lines, public appearances and public disruption are the tools of the protest group. Violence, whether or not planned, usually has been thb result of confrontat ion or a follow-on activity from mass rallies and demon-st rat ions . These groups could attempt disruption and confusion at a fixed site or attempt to disrupt a convoy by blocking roads or in-flicting damage on transport vehicles or their contents.          Attention of the press and public is an essential element in their plans.

Ileavily populated areas or locations subject to a high degree of public visibility are more subject to operations of protest groups.

             " Threat: There is no reason to believe that groups interested in ecology or concerned with other subjects could not rally to harass the nuclear power indust ry. The greatest threat would probably be blocking access routes to facilities , bombing support facilities and disrupt ing shipments to arouse the public. This type of group is more likely to toss a bomb or molotov cocktail at vehicles transport-ing material than to launch a violent attack on sensitive facilities at fixed installat ions
             " Terrorist organizations      have the capability or could very likely obtain it to carry out malevolent acts which could result in drastic consequences for the nuclear power industry and the Nation.

Obtaining possession of nuclear material to be used for threat and extortion (although this is a more extreme action than has been exe-cuted previously by such groups) could be a potent means for promot-ing the goals of terrorists." III Rapid Growth of the NRC Intelligence Network: Another early benchmark date in the evolution of NRC's surveillance pro-gram was the so-called " Memorial Day Alert". On May 12, 1976 Anthony Fanelli of the Federal Protective Service in Chicago told the F.B.I. that he had learned through unidenti fled sources that a "motorsycle group" and "some Indians" were going to take over the Zion nuclear station on May 30, 1976.

     'lhe following day, the NRC issued this report to its licensees:
             "The FBI liaison agent of the Chicago Field Office advised IE:III (Chicago) that a rumor emanating from Wisconsin, received through three sources of unknown reliability, indicated plans are being made by " motorcycle gangs and Indians" to take over the Zion Station dur-ing the Memorial Day weekend."

On May 18-19, an FBI confidential source (who reportedly had provided reli-abic information in the past and who was extremely knowledgeable regarding motor-cycle gangs and groups in northern Illinois) told the Bureau he didn't know of 1130 340

p-any such plans. Nonetheless, less than two weeks later, on May 25, the NRC head-quarters announced that it wanted the threat " considered a probability rather than a possibility". The agency's decision was cpparently based on reports of threats to facilities in h'ashington State rnd California that had been received by United Engineers and Constructors. In addition, an anonymous bomb threat was made to the North Anna, Virginia nuclear plant and reports were received of persons "under suspicious circumstances in the vicinity of two power plants in Connecticut." The NRC responded to the situation by issuing an alert to every nuclear facility in the country for the period from Friday May 28 through Tuesday June 8, 1976 -- the day of the Cali fornia Nuclear Safeguards Initiative vote. It be-came known as the '?!emorial Day Alert". The NkC requested its licensees to re-port "any security-related or even occurence" at each nuclear facility. News of the alert was leaked to the press leading to coast-to-coast wire service stories. Anti-nuclear forces have since suggested that the entire alert if not just the leak of it was designed to influence voters in the California referendum. The referendum failed, nuclear power was given the green light in California, and the suspected attacks never materialized. And at least two NRC officials were not surprised by the last ; Richard McCormack and Tom Carter told the authors they would never have classified the affair as an " incident" in the first place. Ilowever, the episode stimulated the agency to begin the build-up of an ever-more intricate intelligence network inside the NRC itself with links to the rest of the intelligence community, On May 27, 19L , the NRC moved to consoli-date its operations and improve its capabilities through the format ion of the Information Assessment Team (IAT)' the IAT was composed of representatives from the Office of Inspection and Enforcement , Office of Nuclear Reactor Regu-lat ion, and Nuclear Safety and Safeguards. NRC Chai rman Marcus Rowden explained that the IAT would:

                     . encompass all functions necessary to effectively compile and evaluate all available, pertinent intelligence data concerning licensed nuclear facilities and materials; including , speci fically, the development of intelligence liaison with all agencies which might serve to provide such intelligence. The Directors of the a-bove three offices determine appropriate responses to threat i n fo r-nation and implement same. Such actions primarily are the joint re-sponsibilities of IE and NRR for reactors and Ili and NMSS for fuel activities. The Directors of these offices coordinate such activi-ties with the Executive Director for Operat ions. "

f$ased on its determination, the Infornation Assessment 'leam can t rigger the national Incident Response Plan to counter any actual or potent ial nuclear threat or hazards, even when the threat is "not immediate" or has "relat ively insigni fi-cant e f fec t s" . The plan, which details procedures for not i fying ot he r agencies with emergency responsibilities, was first employed during the Memorial Day weekend period in 1976. Subsequently, the IAT was called on again and again for similar incidents. 113] 341

For example, on June 15, 1976, a reporter from the San Jose Mercury-News called the San Francisco NRC of fice to tell them about a photocopy of a flyer he had received " anonymously in the mail" The NRC concluded that the flyer contained "an apparent threat against the Diablo Canyon nuclear facility near San Luis Obispo, Cali fornia. The flyer was printed by Friends of the Future, a non-violent citizen group which had been active in the California Nuclear Safeguards Initiative campaign. The NRC's report on the supposed implications of the flier read like the writing of a dire paranoid:

              "The flyer. . referred to the fact that Mothers for Peace, in San Luis Obispo had been waging a legal battle for two years, but said ' stronger action is necessary' . The group made a vow that Diablo Canyon will 'never go into operation'. The flyer said the group's 'immediate goal is July 4' but did not elaborate.
              "The San Francisco NRC office noti fied the NRC's Information Assessment Team that the Pacific Gas and Elcetric Company was 'in-vestigating the letter' and would advise the NRC of any further developments."

In the summer of 1976, the NRC was alerted to unusually high levels of radiation at a nuclear power plant in Pennsylvania. Within minutes, the NRC contacted the Energy Research G Development Administration which in turn called the FBI who put local police on notice to look for possible terrorists. The high readings were later found to be reflections of fallout from a recent Chines bomb test. On December 2,1976, Joseph Yardusian (Manager of "Special Projects" in the NRC's Contingency Planning Branch) met with members of the U.S. Air Force Office of Investigations."The Air Force group was headed by Charles Torpy, the Deputy Director of Counter-Intelligence. Torpy told Yardumian that the Air Force could provide the NRC with " analysis and support capabilities" to serve its intelligence needs. The meeting was held with the approval of the NRC's Kenneth Chapman who reasoned that since the agency was responsible for safeguards and licensing extends to export, import and proli feration , the NRC would necessarily become a consumer of Air Force intelligence. Chapman fol-lowed the Yardumian-Torpy meeting with a Ictter to the Cemmander of the Air Force Office of Special Investigation, Colonel Ray C. Tucker Jr f' Among other topics, he requested intelligence on the following:

       -- threats , theft , or sabotage against nuclear facilities, nuclear weapon sites, nuclear transport
      -- extortion threats using nuclear weapons or devicea
      -- rumored or actual illicit sale of nucicar materials
      -- terrorist capabilities, characteristics and tactics (including inter-group operations)
      -- analysis of trends in terrorist activities
      -- " sophisticated capers"
      -- white collar crime
      -- demonstrations against nuclear facilities and weapon sites
      -- nuclear proliferation On December 20, 1976, Chapman issued a memorandum to the members of the Information Assessment Team entitled "NRC's Interface with the Intelligence 1130 342

p-Community". The memo authori:cd members of the I AT to engage in liaison acti-vities with other agencies. According to the memo, NMSS, IE, and NRR were:

                " responsible for the effective compilation and evaluation of all pertinent intelligence data concerning domestic licensed nuclear facilities and material, whether adversary is U.S. or foreign;     including, specifically, the development of working liaison with all agencies which might serve to provide such in-telligence" The inclusion of " foreign" in the memo is significant in that it confirms what becmne apparent in the Air Force exchange;         that the NRC's intelligence staff was to work with agencies other than the one authorized by the Atomic En-ergy Act to investigate nuclear matters -- i.e. the FBI f" The " foreign" clause enabled the IAT to work with the Central Intelligence Agency, the National Se-curity Agency, the Defense Intelligence Agency, and the military intelligence services as specified by Chapman.

From these agencies, Chapman solicited intelligence on national and in-ternational terrorist groups; data pertaining tactics, capabilities and equipment employed by terrorist groups in the U.S. and abroad; chronology of terrorist activities against military, industrial, and government facili-ties; data concerning threats or incidents involving foreign nuclear instal-latiens. Ile also contacted these above-noted agencies as well as others asking for the same info originally requested from the Air Force as well as information on thefts of conventional and military weapons such as automatic rifles, grenades, etc. and on thefts of radiological monitoring devices or handling equipment. The intelligence available to the Information Assessment Team was broadened in early 1977 when the NRC and ERDA initiated an " Agreement on Special Informa-tion". The Agreement was signed in February 1977 by Edward B. Giller, ERDA's Deputy Assistant Administrator for National Security and in March by NMSS Di-rector Chapman on behalf of the NRC. The Agreement Armalizes procedures for the mutual exchange of intelligence ("special information") on terrorist activi-t ies , threats , thefts , sabotage, nuclear weapons design , manufacture, and utili-

ation. The memo outlines the different responsibilities for ERDA and NRC.

It reads, in part:

                    .NRC has respons ibilit ies for safeguards , including contingency plans for dealing with threats, thefts, and sabotage relating to licensed nuclear material, high-level radioactive waste from licensed activities, and waance- o f licensed fo r luport/ export of nuclear materials and related facilities. To support its decision-making in fulfillment of its responsi-bilities, NRC may require certain special information bearing on these matters.
                "ERDA develops, receives, and evaluates u rtain nuclear-related information for the United States. Included in the information are nuclear-related data, intelligence, and technology which are special in formation , yet could have bearing on decisions taken by ';RC in ex-ecution of its responsibilities described above.        NRC does not in the course of its normal operations develop informat ion of this type. Both 1 17m    ZA7 1lJJ     J4J

. ERDA and NRC do require and receive information, including special in-fo rma t i o;: , from sources outside their organizations.

             "ERDA and NRC will make each other aware of, and share on a con-trolled basis, such information as they may possess when it is rele-vant to the execut ion of their individual responsil ilit ies . . .      Sharing of irtelligence information will be subject to applicabic provisions of E.O 11905 and its implementing directives, applicable directives of the Director of Central Intelligence, and any other applicable intelligence community controls."

To maintain such information as well as information on other matters, the NRC maintains what it calls " Protection Support Files and Associates Records" which include information regarding NRC facilities and NRC contractor facilities' security programs and associated records. They also include ii.rarmation on in-dividuals visiting NRC facilities; NRC employees and NRC-related ib ntification files maintained for access purposes; actual or sus; xed violativas of laws administered by NRC; copies of investigative reports from other government agencies; records of individuals' firearms; and other documents relating to the safeguarding of national security information. The information is kept in file folders and on forms, and is indexed and accessible by name, facility, badge number, identification card number, chronologically or a combination thereof. The files are used to provide licensees and contractors with the in-formation necessary to maintain an adequate security program and for any neces-sary routino uses. The NRC's Division of Security is the central point for exchanging "hard copy" intelligence with the Intelligence Community. Except when the material arrives in code, it is turned over immediately to NRC operations which have a "need to know". These include a very limited number of persons -- at least in theory. The actual practice is less clear. IV. NRC Denials: According to J.M. Felton, Director of the Division of Rules and Records in the NRC's Office of Administration, "The NRC does not maintain separate files on organizations ," who are opposed to nuclear power. Iloweve r , if an individual or organization has ever written to the NRC, "copics of this correspondence and the agency's response thereto would be maintained as part of the general files of the NRC". The authors sought access to NRC files on cit .:en groups and others who might be the subject of monitoring by the agency. Robert B. Minogue, acting for Lee V. Gossick (the NRC's Executive Director for Operations) responded with an invitation to submit a formal information request under the federal Freedom of Information Act "specifying particular individuals or groups by name or identifying particular ' events'". If done, he said that he would be

 " happy" to process the request.

Accordingly, files on a number of organizations and events were requested. These included the Clamshell Alliance and the occupation of the proposed nuclear i130 344

l power plant site in Seabrook, New llampshire. The materials received were ob-viously incomplete so the anthors issued a strong protest to the gency. The NRC wrote back that, in rechecking their files, they had overlooked the mater-ials that he been received from the FBI. ... Over and over again, the NRC has denied having any role in intelligence-gathering. Likewise, time and time again, there have been indications to the contrary. For example, in 1976, the NRC hired a consultant to report on "Es-tablishing a Tactical Intelligence Function h'ithin the Office of Inspection and Enforcement , NRC, Septe,ber 20, 1976" (prepared under contract AT(49-24) by Operational Systems, Inc, 1600 h'ilson Blvd, Arlington, Virginia 22209) . The report n rned:

                      "It is important to note that the mere establishment of I AT
               . . . in and of itself infers that in fo ma t ion is being collected, investigations are being conducted, and files are being main-tained.       Consequently, it behooves N'tC to move without delay in correcting any difference particularly insofar as they pertain to the Privacy Act of 1974 and 44 U.S.C. , primarily sect ions 2101, 2909, and 3301. These sections establish requirements and procedures for Federal Agencies to follow insofar as records and files management, retention, review, and diLposal are concerned.

Suffice to say at this point that Federal law provides severe penalties -for violations of or failure to comply with provisions of the above." And in October 1977, Barrett Riordan, the Director of the NRC's Office of Planning and Analysis, resigned from the Nuclear Regulatory Commission, offering this scalding criticism:

                      "...I   view the increasing involvement of the NRC in Execu-tive Branch national security and intelligence aff irs, with their attendant need for secrecy, as basically at odds with the goal of regulaticn conducted openly and with full public parti-eipation.       Certainly, the NttC has a legitimate and necessary role in the national security arena, but such activities are se-ductive and contagious and capable of compromising the integrity of the entire regulatory mission if not carefully cont rolled."        s t Will the NRC control its involvement in the intelligence field in the fu-ture? lias it done so in the past? As long as the facts about protect ion of commercial nuclear power plants is kept from public scrutiny by the veil of na-tional security, there cannot be any guarantees that the nuclear police state is not just around the corner.

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