Page 4-Friday, January 26, 1979-The Michigan Daily lbe 3tcbig i rnt 1taiI High noon in Diablo Valley 420 Maynard St., Ann Arbor, MI 48109 Eighty-Nine Years of Editorial Freedom Vol. LXXXIX, No. 97 News Phone: 764-0552 Edited and managed by students at the University of Michigan Academics and the CIA LAST SUNDAY on this page we published a statement by Michel Oksenberg wliich supported the CIA's , position in the case of Nathan Gardels -vs. Central Intelligence Agency. Mr. Gardels is suing the CIA to obtain in- formation about the agency's covert activities on University of California campuses; he is a graduate student in :: Political Science. Mr. Oksenberg is a ": Political Science professor at the :.University of Michigan on indefinite leave to serve on the National Security : Council as a China expert. : In his affidavit Mr. Oksenberg ad- ; mits having had a confidential relationship with the CIA while he was - teaching on campus. Mr. Oksenberg explained that soon after he entered academic life he began to meet CIA of- ficials at scholarly conventions, con- ferences, and seminars. "I soon found that these CIA officials were professional colleagues of mine; that is, although we did not agrie on all matters nor was any pressure placed on me to alter my views, we shared many common interests, we had similar academic backgrounds, we worked with similar unclassified data, and, therefore, we face many similar methodological concerns," he said. x The "cornerstone" of his relation- ship with the CIA, he said, is strict con- fidentiality. Mr. Oksenberg said he felt that if' the CIA were to reveal not just the names of other professors with similar relationship, and he said there are many, but even the names of in- stitutions where these academics work, it would "destroy the candor and utility of the exchange" - an exchange :which he said is beneficial to academics and the national interest. , Mr. Oksenberg said this confiden- tiality is needed to protect academics from public criticism and scorn which would follow the revelation of such a relationship, because the "CIA is much maligned and misunderstood on today's campuses. On the contrary, the CIA is very well understood on college campuses today. Perhaps this is the reason these academics would be subject to public criticism and scorn. At one point, Mr. Oksenberg defends his relationship with the CIA on the premise that a "free exchange of ideas" is important to his counterparts in the agency and at the university. Certainly no one would deny that the free exchange of ideas is not only the principle on which a university fun- ctions, but the foundation of democracy. The CIA, however, seems to be involved in a rather one-sided ex- change. Its secrets or cooperation are rendered only to those who would be of service to the agency. Relatively few academics receive the benefits Mr. Oksenberg enjoyed as a result of his secret relationship. Mr. Oksenberg's statement raises many serious questions as he suspec- ted it would. It is important to bring the discussion of CIA campus activities in- to the open; in this, he has done a great service to this University community and others. It is unfortunate that his in- tentions were to preserve a system which smacks of favoritism and has impinged on the civil liberties of those who become victims of the CIA's covert recruiting operation. In its final report, the Senate Select Committee on Intelligence Activities expressed concert "that American academics involved in such activities may undermine public confidence that those who train our youth are upholding the ideals, independence, and integrity of American univer- sities.' It would be wise for everyone to consider the Select' Committee's concern when pondering the questions raised by Mr. Oksenberg's defense of the CIA. ' l - -1 , \ 'C - I 1 By Harvey Wasserman SAN LUIS OBISPO-A decade-long battle over one of the nation's most controversial nuclear power plants is drawing to a head. Opponents of the giant Diablo Canyon facility have dubbed it "Seabrook west,'' af- ter the New Hampshire nuclear plant that has become a symbol of nuclear power op- position. The Diablo Canyon battle has resulted in more arrests than any nuclear power fight except Seabrook, and the issues raised here run the gamut of the nuclear op- position. They include cost and safety, ear- thquake hazards, public financing and the sticky legal question of whether critics should be permitted to state their case in the courts and before public' agencies that regulate nuclear power. But unlike the Seabrook battle, in which the plant is far from complete, the 2,212 megawatt twin reactor here on the Pacific Coast is almost ready to fire up, awaiting only final approval of the Nuclear Regulatory Commission (NRC). Opponents intervened soon after the project was first announced in 1966 by the Pacific Gas and Electric Company, the second-largest private utility in the country, after New York's Consolidated Edison. PG and E soon ran into the sorts of delays and cost overruns: that have plagued nuclear projects throughout the country. The legal challenges raised questions about faulty welds discovered at the facility, as well as about problems of evacuation, and security. Most troublesome, however, has been the discovery in 1971 of a major offshore fault less than three miles from the plant. Two Shell Oil geologists found the fault while surveying the area for possible oil exploration. In 1973, PG and E officially informed the Nuclear Regulatory Commission (NRC) of the fault's existence. In 1974, Mothers for Peace asked the Atomic Safety and Licensing Board (ASLB), a three-member NRC panel, to grant a stop-work order while the nature of the Hosgri Fault-named after one of its discoverers-could be fully explored. The ASLB refused the request but issued a public statement that money spent in con- tinuing construction would have "no bearing" on the ultimate decision as to whether or not Diablo could open. Meanwhile, evidence surfaced that thev Hosgri fault might well be capable of producing shock waves far greater than had been accounted for in PG and E's original construciton plans, which were aimed at safeguarding-against a quake of roughly 6.75 on the Richter scale. A study by the United States Geological Survey (USGS) indicated .the Hosgri might well be capable of a 7.5-scale quake. Other estimates put the potential at 8, and a report issued by the California Division of Mines and Geology late last year warned that earthquake activity in the area should be considered a "major hazard." In early December, the ASLB opened final hearings on the question. A final decision ot whether the plant can open is expected in March or April, perhaps later if appeals drag on. That decision will be watched carefully throughout the country. Major reactor projects in New Hampshire, New York, New Jersey, Virginia, and elsewhere in California, have come under legal attack because of their proximity to earthquake faults. License approval for Diablo Canyon would almost certainly signal a new wave of demon- strations and arrests, both at the site and in cities around California where anit-nuclear groups have been growing. If the plant does open, the California Public Utilities Commission will have to consider how much of the final cost will be written into the rate base, which must be paid by con- sumers, and how much will be charged against PG and E stockholders as penalty for the company's misjudgments. - PG and E cannot ask to charge its ratepayers for Diablo until the plant fires up. But if the switch is pulled, roughly a billion dollars in cost overruns will become the focus of a tug-of-war in utility rate-setting. The utility commission's decision could-set an im- portant precedent for parallel rate fights around the country. Original estimates put construction at around $350 million, but final costs are expected to reach more than four times that. PG and E opponents charge that much of the overrun is due to company negligence in not fully researching seismic conditions before building, despite frequent warnings that they should. Aside from the issues of earthquake safety and cost. the other big controversy in Diablo Canyon involves the critics' right to be heard by public agencies that approve nuclear power projects. On December 8, the ASLB denied inter- venor attorney David Fleischaker's motion to subpoena two expert witnesses, Mikhail Trifunac and Enrique Luco. Both had been engineering consultants to the NRC and had questionedgthe plant's ability to withstand seismic shock. The Board ruled it would require only written testimony. "These two men had participated in the review process from the beginning," com- mented Fleischaker. "It is extremely depressing that the ASLB fails to see the need to hear all thescientific viewpoints." An NRC appeal board is likely to hear a challenge on the ruling. Meanwhile, in Municipal Court here, Judge Robert Carter also barred testimony on behalf of critics-in this case from John Gof- man, a leading expert on the health effects of nuclear power and the former director of Lawrence Livermore Laboratory. -Gofman was brought to San Luis by the Abalone Alliance, twenty of whose members were standing trial for occupying the Diablo Canyon site last August 6. The ten men and ten women, who ranged in age froml9 to 71, hoped to "put nuclear power on trial" by staging a defense based on the claim that atomic energy was so dangerous it demanded drastic action. Similar defenses have been tried by nuclear opponents in numerous other states, and have been almost uniformly barred by trial judges. On December 13, Judge Carter proved no exception, ruling that nuclear safety questions were "irrelevant" to charges of criminal trespass, and that Gofman would not be allowed to testify. "The case was taken away from the jury," commented defense at- torny Phillip Kelly. "When you exclude our ability to present the jury with facts on the dangers of nuclear power, you've taken away our whole defense." Just before Christmas, the jury found the Abalone occupiers guilty, though a later poll showed they had done so reluctantly, spen- ding hours trying to find a legal loophole for acquittal. Jury foreman Bernard Cox retur- ned the day after delivering the verdict to appeal to Judge Carter for leniency in senten- cing. "These people are not criminals," he said. Carter, however, meted out $400 fines in addition to 90 days hard labor or two years probation. An appeal in the case seems likely. Still pending is an appeal stemming from 1977 arrests at Diablo, in which Abalone oc- cupiers asked that their convictions be over- turned because of police infiltration of their ranks. The case, which went to the California Supreme Court on June 8, hinges on whether the presence of an undercover sheriff on the Alliance legal committee constituted a breech of attorny-client privilege. That decision is expected soon, and may be viewed as a lan- dmark by other political action groups wary of government infiltration. Resolution of all these issues at Diablo, one of the largest of the nation's reactors now coming on line, is sure to have a heavy impact on nuclear power development elsewhere, and on the future of the anti-nuclear movement. Harvey Wasserman is a former Daily editorial director and writes regularly on energy issues. Editorials which appear without a by-line represent a con- sensus opinion of the Daily's editorial board. All other editorials, as well as cartoons, are the opinions of the individuals who sub- mit them. W.sah..........'......:..... .'.... . h............... Who ls ccating whom? Letters T HE LITERARY College (LSA) is T considering a set of guidelines that will, if adopted, seriously inhibit students' rights to due process during the litigation of cheating incidents. The proposed Manual of Procedures of the LSA Academic Judiciary more clearly defines the powers of the board comprised of students and faculty members which decided cases of academic cheating. A new clause in he manual allows "individual faculty members to handle minor cases of plagiarism, fabrication, aiding or abetting dishonesty with minor con- sequences, and impulsive cheating." According to Eugene Nissen, assistant dean for academic affairs, the intent of the clause is to encourage the faculty to use the Judiciary. The general theory is that faculty members are inclined to handle most cases of cheating on their own authority, because the Judiciary process is time consuming and cumbersome. Mr. Nissen said the new clause would en- courage faculty members to take significant problems to the Judiciary by allowing the faculty to handle minor cases. But students opposed to the new should not be the sole punitive authority in his or her classroom under any circumstances, regardless of how petty the cheating incident. No professor has the right to be both prosecutor and judge in situations which may result in punishing students and permanently damaging reputations. If the mechanism is adop- ted it would put unnecessary pressure on the faculty to not only police their classrooms for possible cheaters but also to punish them on the spot. That is a responsibility that no professor should have. It is apparent from the small number of cheating cases handled by the Academic Judiciary every year that professors are already bypassing the Judiciary and that most students are not cognizant of an appeal process. That is unfortunate. Due to the vagueness of the current manual most students are unaware that they can bring a case to the Academic Judiciary. However, the new manual clearly outlines students' rights. This would be a valuable addition. It is also worthwhile for the ad- ministration to try to bring more cases before the Judiciary. But the logic Inteflex program: maligned but good To the Daily: Recently, the Daily published a letter from Damian Kiska to the Inteflex program. In it, Damian stated that he felt the Inteflex program to be inconsistent with and destructive of its member's individuality, compassion, and personal growth. The fundamental question raised by Damian is whether or not Inteflex and medical education in general is consistent with the development of com- passion and empathy. Damian felt the "useless memorization and regurgitation of infor- mation" stifled his independence and his sensitivity toward others. The fact is, the emphasis in medicine today is on science and technology. In order to learn medicine, a certain number of facts must inevitably be commit- ted to memory. Indeed, the revolution in medical education early in this century was in the direction of science and technology, a direction we've been following ever since. I do not mean to deny the im- portance of compassion in modern medicine. In fact, a strong case can be presented showing that empathy and caring are even more important than mere technical skill in many cases. The point it, the modern physician needs both. Inteflex is designed to train scientifically competent, com- passionate physicians. Scientific skill is a subject easily learned by some. Empathy, on the other hand, is not reducible to a two semester sequence. It is a way of living, a way of approaching the world that is constantly developing as one matures. Some may never attain it, others seem to have a natural gift. Damian has such a gift. Unfortunately, as I stated before, the practice of medicine requires more than empathy alone. The duty of Inteflex and medical education is not to teach empathy, but to teach scientific medicine to empathetic in- dividuals while not destroying their humanstic values. Inteflex does an excellent job of teaching the more scientific aspects of medicine, as verified by objec- tivemeans. ' The program, through fresh- men seminars and through the Introduction to Patient Care Course (where students are sent throughout the state to observe the personal side,of health care) is attempting to encourage em- pathy and compassion in the practice of medicine. Nevertheless, these efforts will only reinforce the pre-existing qualities of the people in the program. Humanism is com- patible with medical education and practice, but it requires ef- fort. It requires sensitivity from faculty and administrators. It requires reflection and evaluation from each student. And most importantly, it requires the secure belief in humanistic ideals that all students of the art of medicine need to possess. -Lewis G. Sandy, Inteflex-class of 1982 c l e l[ cl igttn ttil EDITORIAL STAFF Editors-in-chief DAVID GOODMAN Managing Editors M. EILEEN DALEY DAN OBERDORFER GREGG KRUPA Editorial Director RENE BECKER BUSINESS STAFF