State senators want UNC-TV to hand over unaired footage for a planned series about the aluminum company Alcoa, saying it contains information important to a debate over control of the Yadkin River.
Sen. Fletcher Hartsell, a Concord Republican who wants the state to take control of Alcoa's hydroelectric system, repeatedly publicized a public viewing of the footage, inviting his colleagues to a 9 a.m. showing Tuesday. His committee voted Thursday to use its subpoena powers to get the tape, which Hartsell said has information that would probably not be made public any other way.
"It has to do with public health," Hartsell said. "It's important to have it exposed to the public."
Subpoenas went to Tom Howe, the network's director and general manager, and senior legislative correspondent Eszter Vajda, telling them to supply all footage on a story about Alcoa's activities in Stanly County, in and near the Yadkin River.
A UNC-TV spokesman said a lawyer is reviewing the situation, and the network had not decided on its response.
Hartsell said UNC-TV, as part of the state university system, must comply with the subpoenas because it is a state agency.
'They can say no'
But John Bussian, a lobbyist for the N.C. Press Association and a First Amendment lawyer, said UNC-TV is covered by the state shield law that protects journalists from requirements to disclose newsgathering information.
"They can say no," Bussian said. "The shield law protects all newsgathering organizations, even if the government owns them."
Legislative committees have subpoena powers, but they are rarely used. The last time a legislative committee exercised the power was when the House was investigating former Rep. Thomas Wright, a Wilmington Democrat who was expelled from the House in 2008 and was sent to prison for fraud.
The attempt to grab news before it is aired throws another jab into the already heated fight about Alcoa's operations on the Yadkin. The company is seeking to renew a federal license allowing it to continue operating the hydroelectric project.
Gov. Bev Perdue, Stanly County officials, some area legislators and the YadkinRiverkeeper want the federal government to reject Alcoa's request and allow the state to buy the property.
Hartsell is trying to get the state House to pass a measure setting up a public trust that would promote the river's use for commerce and navigation and maintain its dams. The House overwhelmingly rejected the idea last year, but supporters are trying to keep it alive.
Alcoa ran an aluminum smelter in the Stanly County town of Badin for about 90 years and still uses the Yadkin River to produce electricity. A researcher who compared cancer-causing chemicals from the river's fish and river sediment near the old smelter said they were similar, but Alcoa disputes the study's conclusions.
In a statement, the company said it has no problem with "anyone reporting the facts about Alcoa's long history in North Carolina," but took a swipe at the senators seeking the tapes.
"We are big believers in freedom of speech as well as protecting private property and we are proud of our record in North Carolina," the statement said. "We'll leave decisions on this to others, but we would wonder - given the track record - whether the next step is to try and seize UNC-TV's FCC license."
