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Reporter Could Face Treason
Charges For Photographing
Nuke Plant
By Susan Smallheer
Southern Vermont Bureau
11-29-1

VERNON - A newspaper photographer on assignment to get a picture of the Vermont Yankee nuclear power plant was threatened with arrest for treason Wednesday by the Vernon Police Department.
 
Under a little-known Vermont law, it is illegal to take pictures of a nuclear power station - or any power station under the jurisdiction of the Public Service Board for that matter - during times of war or threat of war, according to Vermont Title 13, subsection 3481. The entire section is entitled "treason."
 
The photographer, Jason Henske of the Brattleboro Reformer, was questioned by the Vernon police, after Vermont Yankee officials reported him, according to Robert Williams, spokesman for Vermont Yankee.
 
Williams said that officials at the Vernon reactor saw Henske taking photographs and called police.
 
"It's a police matter. We have been in a heightened state of awareness and we've been working closely with the Vernon Police Department," Williams said. Williams declined to say whether Henske was on Yankee property at the time or whether he recognized Henske.
 
Vernon Police Chief Randy Wheelock didn't return telephone messages Wednesday.
 
Brattleboro Reformer Night Managing Editor James Pentland initially said he had no information about the incident. Pentland later said, after consulting with the managing editor and publisher, that the paper was declining any comment about the incident.
 
Henske couldn't be reached for comment.
 
But Windham County State,s Attorney Dan Davis said he had talked with Wheelock late Wednesday afternoon after Henske was questioned. Davis said that Henske willingly deleted the Yankee images from his digital camera.
 
"I don't think he was arrested," Davis said. "The photographer was willing to delete the photographs he had taken from his camera."
 
Davis said he became aware of the treason statute after the Sept. 11 terrorist attacks, and especially after three men of Middle Eastern appearance were seen photographing the Bellows Falls hydroelectric station owned by U.S. Gen.
 
"I don't think it's a good time to be publishing photos of Vermont Yankee," Davis said. "But I didn't write the law."
 
He referred a reporter to the section in the treason law regarding "obtaining maps and plans."
 
The section states: "A person, who, without permission of lawful authority, while the United States is at war or threatened with war, makes or attempts to make, or has in his possession or attempts to obtain, or aids another to obtain, any map, drawing, plan, model, description, or picture of any military camp, fort, armory, arsenal or building in which munitions of war are stored, or of any bridge, road, canal, dockyard, telephone or telegraph line or equipment, wireless station or equipment, railway or property of any corporation subject to the supervision of the Public Service Board, or of any municipality or part thereof, shall be imprisoned not more than ten years."
 
Davis said since Vermont Yankee was "subject to the supervision of the Public Service Board," the statute applied.
 
Asked if the police would ask to prosecute Henske, Davis said, "I'd be very surprised."
 
Davis said he expected that Wheelock would write up the incident and forward it to his office for review. He said he was contacted by Wheelock and asked if he wanted to prosecute the photographer.
 
Neil Sheehan, a spokesman for the Nuclear Regulatory Commission, said there were no federal laws prohibiting photography of nuclear plants from public property, and he expressed surprise that Vermont did.
 
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