European Stars And Stripes (Newspaper) - January 13, 1989, Darmstadt, Hesse                                Friday january 13, 1989 the stars and stripes Raay Star Stripe Page 5 Consumers spared nuclear Plant costs Washington a states Havethe Power to protect Consumers by bar ring utilities from passing on the costs of abandoned nuclear Power plants the supreme court ruled wednesday. The justices voting 8-1, barred two Pennsylvania utilities from Billing electricity customers for nearly $50 million invested in four since abandoned plants. Nuclear Industry representatives said they were not sure How much Money might be at stake nationwide. The Edi son electric Institute said settlements be tween state Public Utility officials an Plant managers have been reached in the Case of Many abandoned plants. The court said the Constitution do snot require states to allow utilities to re cover from customers All prudent in vestments. As Long As Utility investors get a reasonable rate of return on their in vestment their right not to have their property confiscated is not violated the court said. In other action the court heard arguments on whether the death penalty is a valid punishment for mentally retarded murderers. The Case on which the justices will Rule before the term ends next summer involves a 32-year-old Texas death Row inmate with the mind of a 7-year-old. And the court also lengthened the Tim Union members have to sue their unions Over alleged free speech violations reviving a North Carolina Man s lawsuit against his Union. In the Utility Case chief Justice Wil Liam h. Rehnquist wrote for the court the Constitution within Broad limit leaves the states free to decide what rate supreme court Roundup setting methodology Best meets their needs in balancing the interests of the Utility and the  the court upheld a provision of Penn Sylvania Law that tells Utility regulators How to set rates. It cannot seriously be contended that the Constitution prevent state Legislatures from giving specific instructions to their Utility commissions Rehnquist said. The ruling was hailed by organization representing state and local officials. We Are delighted. It s a terrific Opin Ion said Benna Ruth Solomon chief counsel to the state and local Legal Cen Ter Here. The organization represents the National governors association the study says 1 in 100 tested for drug use Washington a Only one american worker in 100 was tested for drug use last year the govern ment said wednesday in announcing a study that sharply reduced previous estimates of How Many employers conduct such tests. For Job applicants the Chance of being tested was fou times higher than for workers already on the Job the labor department Survey of 7,500 employers  Survey conducted last summer found that Only 3 percent of All employers had drug testing programs. To Gether those companies employed 20 percent of Ameri can workers. Just 7 percent of employers offered some Type of drug counselling or other employee assistance program. In All 31 percent of workers were covered by these efforts. The Survey found no Rush to begin testing programs a establishments that Don t have them now. Only 4 percent of employers said they were considering launching a test ing program in the next year. Just 3 percent said they might create employee assistance  numbers were sharply lower than past estimates of the prevalence of drug testing programs. A 1986 Survey of 492 organizations by the employment management association said 20.9 percent reported hav ing testing programs. A Michigan state University stud that year said 43 percent of employers who were not test ing for drugs were considering doing so. Labor department researchers asked about the sharply lower numbers in the their study said the government s larger Sample size should make the new Esti mates the most accurate yet. The study did not include government workers Many of whom Are subject to drug testing under state and Federal policies that Are the focus of dozens of Lega challenges nationwide. Trial ends for sergeant in Marine s desert death . Conference of mayors and other groups. Pennsylvania consumer advocate David Barasch said the ruling Means the ratepayer is not the deep pocket oblast resort. The ratepayer is not some sort of guarantor of every Penny the Industry decides to  Rehnquist said states have Broad discretion Over How they go about regulating utilities As Long As the final result is reasonable system. An otherwise reasonable rate is no subject to constitutional attack by questioning the theoretical consistency of the method that produced it Rehnquist said. The court ruled against Duquesne Light co. And Pennsylvania Power co., which As part of a Power consortium inthe Early 1970s made plans to build four nuclear plants known As the Davis bes Eunit no. 2 and 3 and Erie unit no. 1 and 2. The work was abandoned in 1980after the nuclear Power Accident at three mile Island in Pennsylvania. The two Pennsylvania utilities the sought to recover pre construction costs through higher rates to customers Over a10-year period. They said plans for the facilities had been prudent since the were based on an expected demand that failed to materialize for unforeseen Rea sons. The Pennsylvania Public utilities commission in 1983 granted Duquesne permission to collect $3.46 million a Yea Rand Penn Power $956,000 a year for 10 years. The charges were included in a$105 million rate increase for Duquesne and a $ 15.3 million hike for Penn  Pennsylvania supreme court overturned the part of the increase aimed at covering the costs of the abandoned plants. The increases had Bee challenged by the state s consumer advocate. The state court upheld a Pennsylvania Law barring utilities from including construction costs of generating facilities i their rate base until the facility is used and useful in service to the  these numbers. The Overall Impact of the rate orders is not constitutionally objectionable Rehnquist said. No argument has been made that these slightly reduced rates jeopardized the financial integrity of the  Harry a. Blackmun dissented. He said the court should not have Rule Din the Case for procedural reasons. Snails Eye View Shaun Teirney 10, is looking hard but the Snail he the Snail and Shaun May yet see Eye to eve by the time Hopes to see comm out is peeking around the other Side. This science project in North a Dove mass., is Over in the stars and stripes 40 years ago today. By the Washington Post Washington military prosecutors dropped charges wednesday against a sergeant accused in the death of a Marine abandoned in the California desert because the officer who convened the sergeant court martial has since been relieved of duty for his role in the incident. The charges against sgt Christophe Clyde have been referred to higher authority outside his battalion and Marine corp officials said they expect a new court mar tial to be ordered. His court martial had started wednesday at Camp Lejeune . Defense attorneys argued that Battal Ion commander it. Col. Edward j. Robeson s personal interest in the Cas would hamper the impartiality of the  Clyde was charged with dereliction of duty and disobeying orders. The court martial charges and the action against Robeson resulted from an investigation into the death of Lance Cpl. Jason j. Rother 19, of Minneapolis who died of dehydration when his uni forgot him in California s Mojave desert after an exercise in August. Clyde was Rother s platoon sergeant and was one of the leaders responsible for counting the troops after the exercise. Marine officials announced tuesday that Robeson As Well As his battalion s executive officer maj. Tony l. Holm would be relieved of their posts and re assigned in the division effectively end ing their chances for advancement. Jan. 13, 1949 the first Berlin Airlift Accident of 1949 occurred when a c54 on a s ring from Berlin crashed and burned in the Woods two Miles East of Knem Mam a killing the three airmen aboard the plane. 30 years ago today. A a ni3 ,959 9eor�ia s state Board of regents agreed to Stop registration at Testate s 19 colleges and universities in a counter attack to a Federal desecration order permitting Black students to enter Georgia state College. 20 years ago today. Trjo3 r?697" som,eu5 0,ocl Ostly non we demonstrators marched through the streets of London and battled City police to protest alleged racism in Britain and Rhodesia s White minority government. 1 0 years ago today. I in form California gov. Ronald Reagan called for stronger who thin urge and trtlc1f a president Cher s normalization of relation with China in remarks prepared for delivery at Pepperdine University