A division of the Council of Better Business Bureaus announced last week it referred advertising by the Nuclear Energy Institute to the government for investigation.

In the newest institute print ads under question, the consumer group raised doubts about claims that "nuclear power plants don't burn anything to generate electricity, so they don't pollute the air."

The group also complained about the nuclear institute's advertising claim that nuclear energy was "a zero-emission source of electricity."

Last December, the Better Business group told the nuclear industry to modify similar advertising claims.

The FTC is reviewing the ads for deception or unfairness, an agency spokesman said. If found to violate FTC rules, the FTC would seek a consent agreement to stop the ad campaign or go to court, the spokesman said.

Last year, the Better Business Bureau recognised that electricity produced by nuclear energy provided some environmental benefits that could be truthfully promoted. But it cautioned that as the power market is deregulated, consumers need "clear, accurate" environmental information.

The Nuclear Energy Institute said it was working with the FTC to resolve the matter.

"We think our ads are factually based," said institute spokesman Scott Peterson. He cast doubt on NAD's jurisdictional authority as well, saying the placement of the ads and their tone were clearly aimed at policymakers and not the public.

Further, the nuclear industry is right, according to Peterson, to claim that nuclear power generation is a clean air energy source. "There are some essential points (in the ads) that we will not back down on," Peterson said.

The Better Business Bureau acknowledged that the lack of airborne emissions from nuclear power plants is a positive attribute, but said its "unqualified clean air claims are overly broad for this purpose and have a strong potential to mislead."