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Monday, December 23, 2024

Final sentencing concludes multi-year investigation into V.C. Summer nuclear project misconduct

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Merrick B. Garland, Attorney General | https://www.justice.gov/

Merrick B. Garland, Attorney General | https://www.justice.gov/

Jeffrey Alan Benjamin, 62, has been sentenced to a year and a day in federal prison following his guilty plea for causing SCANA to maintain false records related to the failed V.C. Summer nuclear construction project in Jenkinsville, South Carolina.

Benjamin held the position of senior vice president for new plants and major projects at Westinghouse Electric Company, overseeing all new nuclear projects globally during the V.C. Summer project. Westinghouse was responsible for designing and constructing two new nuclear units in Jenkinsville.

Evidence indicated that Benjamin's lack of truthful communication with SCANA allowed its executives to mislead shareholders, regulators, and ratepayers about the project's timeline and costs. In late 2016, faced with delays and potential loss of $2.2 billion in federal tax credits, SCANA executives withheld this information from regulators to continue the project. Their deceptive statements enabled SCANA to secure rate increases from customers.

Benjamin is the last of four defendants sentenced in this investigation. Three other executives were previously convicted:

- Kevin B. Marsh, former CEO and chairman of SCANA Corporation's board, received a two-year federal prison sentence and a $5 million penalty after pleading guilty to conspiracy to commit mail and wire fraud.

- Stephen Byrne, former executive vice president of SCANA and COO of South Carolina Electric & Gas Company (SCE&G), was sentenced to 15 months in federal prison with over $1 million in penalties after pleading guilty to conspiracy charges.

- Carl Churchman, former vice president at Westinghouse Electric Corporation and project director for V.C. Summer Nuclear project, received six months home detention after admitting he lied to investigators.

In 2021, an agreement secured Westinghouse’s cooperation in the criminal investigation along with a payment of $21.25 million for low-income ratepayer relief.

U.S. Attorney Adair Ford Boroughs stated: “The defendants in this case did not simply make a corporate error. They intentionally misled, and their dishonesty in the V.C. Summer project caused a great deal of harm to the people of South Carolina.” She emphasized that deceit would be met with accountability.

United States District Judge Mary Geiger Lewis sentenced Benjamin to 12 months plus one day in prison followed by two years supervised release; he must also pay a $100,000 fine.

The case was investigated by multiple agencies including U.S Attorney’s Office; FBI Columbia Field Office; U.S Securities & Exchange Commission; South Carolina Attorney General’s Office; South Carolina Law Enforcement Division.

Prosecution was led by First Assistant United States Attorney Brook Andrews alongside several assistant attorneys involved throughout proceedings.

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