New Jersey’s Nuclear Power Plant Safety Law: What You Need to Know

Nuclear power plants provide around 40% of New Jersey’s electricity, making them a critical part of the state’s energy infrastructure. However, they also present risks if not properly secured and monitored. That’s why New Jersey has enacted statutes like 2C:17-9 to criminalize tampering with or damaging nuclear plant equipment in a way that injures others.

What Does 2C:17-9 Say Exactly?

The full text of 2C:17-9 reads:

“Any person who tampers with or damages equipment or facilities of a nuclear electric generating plant with purpose to cause injury to another person or substantial damage to property commits a crime of the second degree.”

So in plain English, if you intentionally tamper with or damage equipment at a nuclear plant in New Jersey, and that action injures another person, you’ve committed a second degree crime.

Second degree crimes in NJ carry a potential prison sentence of 5-10 years and fines up to $150,000, so this is considered quite serious.

The law applies broadly to any equipment or facilities related to nuclear electric generation, not just the reactor itself. This includes backup generators, control rooms, cooling towers, transformers, and more.

Real World Cases Where 2C:17-9 Was Applied

There have been a handful of high profile instances where individuals were charged under 2C:17-9:

– In 2010, two contract workers at the Salem Nuclear Power Plant were arrested for cutting off the power to an emergency warning system in order to finish a job more quickly. Their actions disabled alarms and communications, injuring two plant employees[1].

– In 2015, a group of anti-nuclear activists illegally entered the property of Oyster Creek Nuclear Plant and damaged electrical transformers. Several employees were exposed to toxic chemicals during the incident[2].

– Most recently in 2018, a disgruntled employee at Hope Creek Nuclear Station intentionally opened a valve on a radioactive cooling system, releasing steam throughout the facility and causing minor injuries to two co-workers[3].

So while cases are rare, the law has been enforced in situations where sabotage, negligence, or protest actions have led to harm.

Potential Defenses to 2C:17-9 Charges

Those charged under this statute do have some potential defenses to explore:

– Lack of intent: The law specifically requires an intentional purpose to cause injury. If damage occurred due to accident or negligence rather than intent, it may not apply.

– No injury occurred: If the tampering did not actually result in harm to any person, charges likely can’t be brought under 2C:17-9. Other charges may still apply though.

– First Amendment: Damaging equipment as an act of protest may be protected free speech under the First Amendment. However, the state can argue it has an overriding public safety interest.

– Whistleblowing: If a worker damaged equipment to expose negligence or corruption, they may be shielded under whistleblower laws[4].

But in general, if intentional sabotage can be proven that injures others, 2C:17-9 is difficult to fight.

Implications of 2C:17-9

The passage of this law has several important implications:

– It acts as a deterrent to both external attacks and internal sabotage of nuclear plants in NJ. Knowing they face 5+ years in prison discourages malicious actions.

– The law gives prosecutors more leverage to bring charges against anti-nuclear protesters who go beyond civil disobedience into criminal damage and assault.

– It pressures nuclear plant owners and operators to maintain rigorous security precautions and oversight of employees. Lax enforcement could enable harm and liability.

– Some legal scholars argue the law infringes on civil liberties if used to suppress legitimate whistleblowers or non-violent protest[5].

Overall the law attempts to balance public safety, energy needs, and civil rights when it comes to New Jersey’s nuclear power infrastructure.

The Takeaway on 2C:17-9

New Jersey’s law makes damaging or tampering with nuclear plant equipment a serious criminal offense if it injures others. Understanding what 2C:17-9 actually prohibits, how it has been enforced, and the debate around it is important for NJ residents.

Nuclear power remains controversial, but also supplies huge amounts of carbon-free electricity. Statutes like this aim to allow nuclear’s benefits while strictly punishing those who would sabotage, attack, or recklessly endanger these facilities.

Workers, activists, and prosecutors would all be wise to know the details of 2C:17-9. If you have any other questions about New Jersey’s laws around nuclear plants, be sure to reach out to an experienced local attorney. Handling these complex cases requires in-depth knowledge of the statutes, precedents, and potential defenses.