by
Geoffrey Sea
The fate of USEC Inc., the
quasi-privatized pseudo-nuclear company allegedly building a new
centrifuge plant at the federal site near Piketon, Ohio, has hung on
congressional 2012 and 2013 budget deliberations. Committees now have filed reports for 2013 Energy and
Water appropriations, which were anticipated to clear up the matter.
But clarification was the last thing provided, as USEC-purchased
politicians announced that the Piketon project has been funded, while
the actual committee documents contain no mention of USEC, its
"American Centrifuge Plant" (ACP), the Ohio project site,
or any intent to fund commercial uranium enrichment.
Funny way to bail out a private
company.
USEC management feigned triumphalism at
the annual shareholders meeting on April 26, but the stock market
revealed the flimflam as shares traded near the lowest price and
volume levels ever.
Around and Around We Go
If investor sentiment has been a slow
fizzle, panic has struck the political class, as USEC's final
collapse comes timed to the national election campaign in the
critical swing region of the most crucial swing state, impacting not
only the presidential contest but the careers of Ohio's two
rising-star U.S. Senators, each of whom may appear on the November
ballot. Democrat Sherrod Brown is running for reelection as the
bought and paid-for baby of USEC's corporate PAC, while Republican
Rob Portman, a former congressman whose district included Piketon, is
now widely mentioned as topping the list of potential Romney
running-mates. It's Enron and Solyndra spun together into a Watergate
cotton-candy centrifuge swirl.
USEC certainly needs a bailout desperately. One financial analyst who prefers to remain anonymous describes
USEC as in "an advanced stage of atrophy," now "burning
the furniture" to stay in business. In March the company
reported a $540 million net loss for 2011, while it was hit with a
$100 million assessment for pension benefits liability in Ohio, on
fears of impending bankruptcy. USEC's sole remaining production plant
at Paducah, Kentucky, is expected to shut down in May, which presumably will result in a like assessment by the pension
fund overseers in Kentucky. Shutdown is an economic necessity for
USEC, because the plant has been operating at a loss for every order
for enriched uranium it processes. Fantastic efforts by the Obama
Administration to postpone the Paducah shutdown until after November
would come, if they materialize at all, with a taxpayer bill in the
hundreds of millions of dollars.
USEC has acknowledged its predicament
by setting a series of "deadlines" for government
assistance over the past ten months, each one missed in consideration
of the legal if not political consequences of public accession to the
extortion demands of a private company. USEC has more than $500
million in debt to bondholders coming due quickly in 2014 following
accruing bank debt, and its principal income stream from sale of
Russian uranium under a government-negotiated treaty will expire in
2013, fast approaching. Another big shoe yet to drop is that USEC's
two strategic investors, Toshiba and B&W, retain rights to
convert and sell millions of shares of USEC preferred stock, which
will bring a large dilution of common shares expected before August.
USEC lists $1.7 billion in assets on
its books. But those book assets include centrifuge machines that
become less than worthless overnight once the project is terminated
(they can't even be scrapped), along with uranium that USEC likely
over-valued in order to beef up its portfolio to attract investments
and political bailouts that never came. Whatever real value remains
will be fought over by bank creditors and by government agencies
intent on recouping the costs of disposing of accrued uranium tails
and decommissioning the freshly-contaminated site in Ohio, deferred
costs which USEC is legally obligated to pay. Indeed, USEC has so
many uncharted debts and obligations that emergency efforts to
arrange a salvation sale of the company, or a renationalization by
some less-odious name, have run into ranks of nightmare accounting
and attorney hurdles.
Five-year USEC (USU) stock
price chart with volume on lower scale
as of April 26, 2012,
courtesy of Morningstar.com
The stock market, at least, has come to
the conclusion that ACP was never anything but a cruel hoax, played
at the biggest expense of Ohio workers and common shareholders, with
federal regulators acting as criminal accomplices. At the current
price of 83 cents per share, the total market valuation of USEC is
just $102 million, meaning that the federal government could just buy
the company for one third the price of the proposed bailout. But
that, of course, would stick the federal government with USEC's
debts.
Twice turned down for a $2 billion
federal loan guarantee, USEC and the U.S. Department of Energy (DOE),
since October of 2011, have been advertising an expected
congressional bailout package of $300 million -- a package that
failed to materialize through three abortive legislative attempts in
December, January, and March. The package, as proposed by Energy
Secretary Steven Chu last October, was supposed to fund a two-year
"Research, Development, and Demonstration Project" (RD&D)
to partially complete USEC's "Lead Cascade" centrifuge
array, licensed as the demonstration facility leading to completion
of the commercial-scale ACP.
ACP DOA
Construction of a $5 billion new
centrifuge plant under such conditions is beyond fantastic, however.
USEC PR hacks still say it will happen, and Ohio newspapers still
quote them saying it, but pigs will sooner fly over a Gingrich-built
moon base than ACP will open for business at Piketon. As I have previously written, the ACP 44-foot centrifuges were designed in the 1970s, optimized
to produce Highly-Enriched Uranium (weapons grade). They have no
commercial adaptability for reactor-grade fuel, which the Reagan
Administration realized in 1985, when development of the technology
was aborted.
Since inception in 2001, the entire
"privatized" ACP project has been a hoax, or more precisely
a scam intended to wheedle funds from the U.S. Treasury, with the
Ohio Connection supplying opiate for the political class. And it
worked too well, creating a sky-high house of cards set to collapse
in accord with the Mayan Calendar.
So the first reason that Congress
removed USEC's name from the company's proprietary bailout
legislation is that USEC may well not exist as an ongoing entity by
the time of the November election. Implausible deniability was needed
so that, in the case of a bankruptcy filing or other embarrassing
calamity, the politicians could make the ridiculous claim that they
were supporting a "national-security program," as the House
wording goes, and not a single company. It's ridiculous because the
intent of the funding would be to pay USEC corporate expenses and
debts, and thereby avoid the pre-election accounting of
under-the-table government payments, which a bankruptcy court would
require.
Solyndra had an actual business plan, a
solar panel technology that demonstrably worked, and that company did
make a profit on units sold. The question in the Solyndra corruption
case has been whether some political considerations influenced
government assistance decisions. The question in the USEC corruption
case is whether there has been any business analysis at all to back
up government funds awarded by the political calendar outside of any
statutory authority. USEC can only aspire to the status of Solyndra.
Since its privatization in 1998, USEC has squandered unaccounted
billions of dollars acquired through government gifts, concessions,
and subsidies -- many times the $535 million lost from the Solyndra
loan guarantee.
With turkey vultures circling over the
USEC carcass, USEC's stock price plummeted to a historic low of 81
cents per share on April 24. That represented a loss of over 96%
since the giddy high of $23.91, achieved just five years ago after
the Nuclear Regulatory Commission (NRC), under tremendous political
pressure, insanely licensed construction of a full-scale commercial
centrifuge plant at Piketon, though USEC had neither demonstrated its
technology nor produced a semblance of a financing plan. Oddly, like
everything else about USEC, the stock hit its all-time low the day
before congressional appropriators were set to announce a supposed
bailout package.
Music to the Earmarks
In part, that coincidence occurred
because of the second reason that USEC's name had to be excised from
the alleged bailout legislation, which was that any naming of USEC
would violate the hard-and-fast House rule banning earmarks, a rule
enforced by Tea Party rebels against the leadership of House Speaker
John Boehner, from southwest Ohio, the principal pusher of the USEC
funding. By removing company and project names from the committee
reports, congressional leaders could and did claim that the earmark
wasn't an earmark. And it did slide through the committees on that
astounding denial of the obvious.
But that deception creates a whole new
series of roadblocks. For one, Sherrod Brown, or Sherrod the
Shameless when it comes to special interest pandering -- celebrated
the alleged good news for USEC as an accomplished earmark for Ohio --
and he was quoted in the papers doing so, thus outing his own effort
as an explicit violation of House rules. And that has made House
members of both parties hopping mad -- members who have yet to amend
and vote on the budget package on the House floor.
Why Sherrod Brown sabotaged the USEC
non-earmark earmark relates to sabotage, the third reason that
the USEC and ACP names were deleted from the appropriations reports:
The prospectively funded work may have nothing or little to do with
Ohio.
Ohio, of course, is where the political
fruits of the "American Centrifuge Plant" are picked. But
actual work on the project has proceeded mostly in the non-swing
state of Tennessee, where the centrifuge R&D and manufacturing
facilities are located. Not publicly disclosed (until right now),
USEC has conducted centrifuge testing at a federal facility in Oak
Ridge, Tennessee, designated K-1600, a facility for which USEC
appears to pay no leasing fee. I picked up that information from one
line in a DOE engineering report that mentioned the site of two
undisclosed USEC centrifuge crashes in early 2011 as K-1600, clearly
a federal site designation identified further in other public
documents about Oak Ridge. In a telephone conversation on April 16 of
this year, the Nuclear Regulatory Commission Region 2 office
confirmed for me that USEC has been using the K-1600 facility, and
that NRC inspectors have visited the site.
That is extremely relevant because the
alleged justification for new federal funding of USEC is a new
"Research, Development & Demonstration" project for
centrifuge technology, which if taken as accurate, would imply that
all or almost all of the actual work would be done at Oak Ridge, with
little if any payoff in Ohio jobs. Since the budget language
reinforces that conclusion by failing to specify any site for the
work, Sherrod Brown was compelled for campaign purposes to assert
that the budget item he champions will indeed serve home state
interests. But it won't, even if the funding survives additional
challenges.
National Insecurity
TheHouse language says this on page 122:
"The recommendation includes $100,000,000 to support the start of a national security-related domestic uranium enrichment technology development program, $50,000,000 below the request." .
That
is, Congress is initiating a NEW program, aimed at national security
needs, not a commercial plant, which may or may not involve USEC and
the Piketon site, according to the budget item.
And
what might those "national security needs" be? Well it
isn't to secure domestic supply of reactor-grade uranium, because the
world market is super-saturated with such uranium. A new centrifuge
enrichment plant has been opened in New Mexico, and two other
domestic projects, in Idaho and North Carolina, are awaiting only an
uptick in demand. From a market perspective, there is simply no room
or available private financing for a fourth project in Ohio.
And
the justification isn't production of weapons-grade uranium, because
the U.S. has an estimated hundred-year stockpile of that stuff, so
much that the government has considered down-blending the material to
reactor-grade and selling it just to raise needed cash. When that
supply does run out, if ever, new enrichment technologies will make
1970s centrifuges totally obsolete.
Some
time ago, Rob Portman started saying that USEC uranium was needed for
the "national security" purpose of supplying TVA reactors
that produce tritium for nuclear weapons as a by-product. Portman
stopped making that claim after I called him on it. In fact, TVA has legally purchased uranium fuel on the open
market, and can continue to do so, since its tritium production does
not fall within arms-control restrictions.
Centrifuge
Counter-Spin
There
is, however, one remaining and genuine national-security purpose for
an "RD&D" project based at Oak Ridge. It just happens
to involve no USEC centrifuges. When Libya surrendered its uranium
centrifuges to the United States in 2004 (to avoid the kind of
invasion threat just suffered by Iraq), those Libyan centrifuges were
airlifted, guess where? That's right, they are stored at the federal
facilities in Oak Ridge, Tennessee, as was publicized with fanfare by
the Bush Administration.
The
confiscated Libyan centrifuges are of the P-1 variety, constructed
from the same purloined European designs distributed by the
renegade A. Q. Khan network of Pakistan also to Iraq, Iran, and North
Korea. In January of 2011, the New
York Times disclosed that the U.S. National Nuclear Security Administration or NNSA was using the P-1 centrifuges at
Oak Ridge to develop physical and software techniques for disabling
or destroying the like-designed centrifuges of Iran, in a joint
clandestine program with the government of Israel.
Those
disclosures came about after Iran acknowledged in 2010 that a
significant fraction of its centrifuges had been disabled by theStuxnet computer worm, generally believed to have been a cyberweapon of Israeli-American
invention. While the Times
revealed that software attack methods had been tested in Israel,
physical attack methods, including direct bombardment, on-site
sabotage, and destructive materials replacement, have been considered
more of an American specialty.
Iran's
president reviews banks of uranium centrifuges that actually work.
The real
target of the U.S. new "national-security" centrifuge R&D
program?
Now
it should be pointed out that the K-1600 facility at Oak Ridge does
not appear to be leased by USEC. Rather it is listed in Oak Ridge
Real Estate Office records as leased by the U.S. Air Force. It was
originally built in the 1970s for testing the susceptibility of
centrifuges to "seismic shock" -- as in how much disruption
from aerial bombardment might be required to disable a centrifuge
array that is bunkered underground.
NNSA
-- the federal agency known to be in charge of the clandestine
counter-centrifuge program -- is also the agency with open managerial
and regulatory responsibility for USEC's "American Centrifuge
Plant," for which no normal civilian regulatory compliance
measures have been undertaken. The 2013 budget item for support of
the "national security" RD&D program is listed under
the NNSA portion of the budget, using funds transferred from NNSA
"non-proliferation" programs.
It
appears then that, at least within high-level clearance circles, the
"national security" RD&D program now under funding
consideration may have little to do with USEC or Ohio at all. With
USEC bankruptcy pending, DOE and NNSA may simply need another funding
avenue for the military centrifuge sabotage program lodged at Oak
Ridge. Previously, the fictitious ACP project at Piketon had served
as a false-front cover operation, with the added benefit of swinging
political support from the Ohio congressional delegation. But USEC
owns no part of the needed operation at Oak Ridge, and it can be
replaced easily as a contractor, its cover blown.
Piketon as a Potemkin Village
The
proposed RD&D project never made any sense if related to USEC's
private commercial venture. USEC had been contractually committed to
complete a 240-centrifuge Lead Cascade in October of 2005. It never
happened, and by 2011, USEC had just 38 centrifuges installed. On
June 11, 2011, with only eighteen machines in operation, six of those machinescrashed, and one breached its casing, in an accident not fully
investigated to this day. By mutual agreement with NRC, USEC ran NO
URANIUM at Piketon in more than ten months. Hardly a going concern in
comparison, say, to the tens of thousands of centrifuges spinning
uranium gas in Iran, which turn out to be very relevant to this
story.
Another
problem is that, from a funding perspective, at least a year is
already gone, meaning that no two-year RD&D project as proposed
can possibly be completed before USEC's bonds are due for payment in
2014. Funds appropriated for 2013 cannot legally be spent before
October, meaning that the minimum seven-year delay just to
demonstrate the viability of USEC's technology has killed any
prospect for a commercial-scale plant, if such a prospect ever
existed. Those "four thousand Ohio jobs" that Senator
Sherrod Brown keeps promising over and over again on the re-election
campaign stump will not be materializing -- ever. And Mr. Brown,
currently the leading beneficiary of USEC PAC contributions, knows
well that those jobs are a figment of his cooptation.
What
did Sherrod Brown and Rob Portman know about the real "national
security" purpose of NNSA-sponsored centrifuge "research"
and when did they know it? Those questions ought to figure
prominently in the campaign debates and veepstakes vetting to come.
For even if the senators had genuine national security interests in
mind, wanting to bolster the arsenal of weapons to be deployed
against Iran and North Korea, the senators have lied continuously to
the voters and workers of Ohio. Fundamental questions of military
secrecy in a democracy are raised. Bondholders and shareholders have
been duped, the latter class including virtually all USEC employees.
If
USEC's "American Centrifuge Plant" served any national
purpose at all, it related to technologies for destroying
centrifuges, not building them. And those 4,000 Ohio jobs promised
ad nauseum to the Buckeye State electorate were nothing but a crass
and cruel bipartisan campaign hoax.
Portman
has actually pulled away from his USEC advocacy. No doubt the
prospect of a Romney-Portman ticket -- opposing the auto industry
bailout but supporting a bailout for bankruptcy-ripe USEC -- might
raise some eyebrows even among the 1%.
Brown,
on the other hand, has doubled down. On April 18, Brown went to the
White House yet again to lobby for USEC, reciting the "4,000
jobs" promise in his press release for the umpteenth time.
Just
which party gets left holding the USEC bag is the biggest mystery
remaining. Either way, clarification is required as to whether the
2013 NNSA budget item pertains to the private commercial USEC
centrifuge plant in Ohio -- in which case it clearly violates the
House rule against earmarks -- or to a government military program
for developing anti-centrifuge weapons. Anybody?


