Entergy's Palisades atomic reactor on the Lake Michigan shoreline in southwest MI

Such unintentional leaks -- which have included tritium leaks into groundwater -- increase the radiological burden already borne by the public and environment in the downwind and downstream area, due to "permitted," intentional, "routine radiation releases" from Palisades (note that the photo of the water discharge pathway in Beyond Nuclear's pamphlet was taken at Palisades itself!).

Entergy and NRC spokespersons' repeated claims of no safety significance to the public flies in the face of decades of findings, as by the National Academy of Science (most recently in 2005), that any exposure to radioactivity, no matter how small, carries a health risk of cancer, and that these health risks accumulate over a lifetime.

U.S. Representative Ed Markey (D-MA) made public the serious nature of this particular leaking tank in June 2012. His information came from very courageous Palisades whistleblowers, and their attorney, Billie Pirner Garde. The leak, from the 300,000 gallon Safety Injection Refueling Water (SIRW) storage tank located directly above the control, began in mid-2011, and was flowing through the ceiling, and being captured in buckets in the safety critical control room, full of electrical circuitry and equipment that cannot get wet. The leak was concealed not only from the public and media, but even from the NRC's own Chairman, Greg Jaczko, as he toured Palisades on May 25, 2012. NRC later granted Entergy an exemption in 2012 to allow continued operations despite the degraded condition of the SIRW storage tank. 

In recent weeks, Beyond Nuclear learned from NRC officials that the now two-year-old leak has continued at a 0.5 to 1 gallon per day rate. But Saturday's leakage rate, which forced the reactor to shut down, was at 90 gallons per day, as documented in NRC's event notification report. Palisades' SIRW storage tank, just like the rest of the plant, is 46 years old, and obviously showing severe signs of "breakdown phase" age-degration, of increasing risk. 

The Detroit Free Press, Enformable Nuclear News, Kalamazoo Gazette, Michigan Radio, WSJM Radio, WKZO Radio,WWMT TV-3 Kalamazoo, Detroit News,  and WOOD TV-8 Grand Rapids have reported on this story.

Beyond Nuclear issued a media statement, challenging flippant Entergy and NRC claims that this leak carries "absolutely" no risk to human health and safety. NRC's Region 3 spokeswoman has been exposed making false claims regarding radioactivity leaks more than once at Midwestern reactors in just the past year, prompting the demand for an investigation by a member of Congress. Last year, U.S. Rep. Dennis Kucinich (D-OH) demanded an NRC investigation into Mytling's downplaying of a reactor leak at the troubled Davis-Besse atomic reactor near Toledo. In addition, Chicago watchdog group Nuclear Energy Information Service, via a Freedom of Information Act Request to the State of Illinois Dept. of Nuclear Safety, documented that Mytling's flip assurance -- that a radioactive steam leak at the Byron atomic reactor, in Jan. 2012, must have contained exceedingly low levels of hazardous radioactive tritium, as radiation monitors had not detected any -- was baseless and misleading, as no real-time tritium monitoring capability existed at the plant. Similar questions must now be asked of Mytling's questionable assurances that radioactivity levels in the water leaked into Lake Michigan were below detectable levels. Are there radiation monitors in place to verify such flip assurances?

Environmental coalition attorney Terry Lodge

The coalition's reply re-asserted "no confidence" in DTE's ability to safely stored Class B and C "low-level" radioactive wastes on-site at Fermi 3 into the indefinite future, due to the lack of sure access to a disposal facility. it also again emphasized the lack of documented need for the 1,550 Megawatts of electricity Fermi 3 would generate. And the coalition alleged that NRC has failed to fulfill its federal responsibilities under the Endangered Species Act (ESA), the National Historic Preservation Act (NHPA), and National Environmental Policy Act (NEPA), as by the illegal "segmentation" of the needed transmission line corridor from the rest of the Fermi 3 reactor construction and operation proposal.

This legal filing follows by a week upon the submission of public comments about NRC's Fermi 3 Final Environmental Impact Statement (FEIS). The comments, commissioned by Don't Waste Michigan and prepared by Jessie Pauline Collins, were endorsed by a broad coalition of individuals and environmental groups, including Beyond Nuclear. The FEIS comments included satellite images of harmful algal blooms in Lake Erie in 2012, and in 2011 to 2012, attributable in significant part to thermal electric power plants such as Detroit Edison's Monroe (coal burning) Power Plant, at 3,300 Megawatts-electric the second largest coal burner in the U.S. Fermi 3's thermal discharge into Lake Erie will worsen this already very serious ecological problem.

In the very near future, the environmental coalition intervening against the Fermi 3 combined Construction and Operating License Application (COLA) will submit additional filings on its contentions challenging the lack of adequate quality assurance (QA) on the project, as well as its defense of the threatened Eastern Fox Snake and its critical wetlands habitat. The State of Michigan has stated that Fermi 3's construction would represent the largest impact on Great Lakes coastal wetlands in the history of state wetlands preservation law. 

An artist's rendition of the ESBWR targeted to be built at Fermi 3

An important aspect of the environmental intervention is defense of endangered species. An Eastern Fox Snake threatened species contention is set for hearing on the merits before the Atomic Safety and Licensing Board this autumn. The construction of Fermi 3, and its new transmission line corridor, could extirpate the species due to stressing or even killing Eastern Fox Snakes, as well as destroying their habitat. Additional endangered species are present at both the reactor construction site, and along the undeveloped land in the proposed transmission line corridor.

Documents related to environmental intervenors' filing of Feb. 19, 2013 in opposition to the General Electric-Hitachi so-called "Economic Simplified Boiling Water Reactor" (or ESBWR, see image, left) proposed to be constructed and operated at the Fermi nuclear power plant in Monroe County, Michigan, on the Lake Erie shoreline, as well as documents reveal the major schedule delays afflicting the project:

Intervenors' Feb. 19, 2013 "MOTION FOR RESUBMISSION OF CONTENTIONS 3 AND 13, FOR RESUBMISSION OF CONTENTION 23 OR ITS ADMISSION AS A NEW CONTENTION, AND FOR ADMISSION OF NEW CONTENTIONS 26 AND 27";

Current Fermi 3 COLA Review Schedule (Feb. 15, 2013), showing 2 years and 10 month of delay;

Original Fermi 3 Schedule (June 30, 2009).

The Vermont State House

‘‘They've had a history of backing away from agreements and promises, and we want to make sure we protect the residents of Vernon and, by extension, Vermont taxpayers from liability related to decommissioning the plant,’’ said Rep. Margaret Cheney, vice chair of the House committee and a lead sponsor of the bill.

Chief among the "rogue corporation" Entergy's "broken promises" to the Green Mountain State was a signed agreement to shutdown Vermont Yankee by March 22, 2012 if it failed to obtain a renewed Certificate of Public Good (CPG) from the Vermont Public Service Board. The Vermont State Senate voted 26 to 4 in Feb. 2010 to block the issuance of the CPG, due to reasons other than radiological safety (NRC's jurisdiction) recognized by the U.S. Supreme Court as falling under state authority. Nearly a year later, Entergy still operates VY without the required CPG.

An Eastern Fox Snake, an endangered constrictor species indigenous to southeast Michigan

The coalition is comprised of Beyond Nuclear, Citizens for Alternatives to Chemical Contamination, Citizens Environment Alliance of Southwestern Ontario, Don't Waste Michigan, and Sierra Club Michigan Chapter.

It contends that the nuclear utility, federal government, and State of Michigan are failing to protect the endangered Eastern Fox Snake species (see photo, left) from extinction due to habitat destruction caused by the construction and operation of a 1,550 Megawatt-electric General Electric Hiticahi so-called "Economic Simplified Boiling Water Reactor" (ESBWR), as well as an associated 11-mile long, 300-foot wide transmission line corridor.

The State of Michigan has admitted the reactor construction will involve the largest impact on Great Lakes coastal wetlands in the history of state environmental protection law. Combined with the transmission line's destruction of more than 1,000 acres of undeveloped land, including forests and wetlands, the coalition contends the habitat loss could extirpate the endangered Eastern Fox Snake species in the region. More. 

Mother endangered Right Whale near PNPS on 1/15/13, calf is out-of-view. Images acquired under authorization of NOAA/NMFS. Credit: Rachel Karasik.

Pilgrim Watch spearheaded a six year long intervention against the reactor's 20-year license extension, a record of resistance. But, just as it has done 72 other times across the U.S. since 2000, NRC rubberstamped the license extension in the end.

Member of Cape Downwinders, who have carried out non-violent civil disobedience actions in opposition to Pilgrim's ongoing risks, networked with Beyond Nuclear staff at a Clamshell Alliance reunion in New Hampshire last July. A key risk is that there is "No Escape from the Cap" should the worst happen at Pilgrim, as recently affirmed by the Massachusetts Emergency Management Agency itself. 

Wicked Local Plymouth reported: “There are no plans to evacuate us from danger,” Pilgrim Coalition wrote in a release quoting Falmouth resident and Cape Downwinders member Bill Maurer, “but there are plans to control us during that danger, which essentially insures that we will be exposed to that danger.”

Pilgrim Coalition is plugging Pilgrim's shutdown:

"Plug-In to Unplug Pilgrim: this is an opportunity to find your place in a growing movement to remove the risk from Pilgrim Nuclear Power Station in your community.

Join us on February 6, 2013 in the Otto Fehlow Room of the Plymouth Public Library and kick off the new year by learning about the issue and ways you can help. Snacks and refreshments will be served.

For more information, contact Karen Vale at info@capecodbaywatch.org or (508) 951-4723."

And Cape Cod Bay Watch points out that "Plymouth Is Where NO NUKES Meets SAVE THE WHALES" (see photo, above left). It has just today published a piece in the Wicked Local Plymouth about Pilgrim's harmful tritium and nitrogen pollution into the underlying Plymouth-Carver Sole Source Aquifer, recognized by the U.S. Environmental Protetion Agency as “the principal source of drinking water for the residents of the area."

As reported by the Patriot Ledger, Pilgrim just resumed operations after a one week shutdown, caused by an electrical relay failure at the 41 year old reactor which blocked the operation of two water recirculation pumps.

Environmental coalition attorney Diane Curran

The coalition held a press conference today, featuring four speakers: Arjun Makhijani, President of Institute for Energy and Environmental Research, one of the coalition's expert witnesses; Diane Curran of the Washington, D.C. law firm Harmon, Curran, Spielberg + Eisenberg, LLP, a lead attorney for the coalition (see photo, left); John Runkle, an attorney with NC WARN (North Carolina Waste Awareness and Reduction Network), another coalition member; and Phillip Museegas, an attorney with Riverkeeper, and another expert witness for the coalition, of which Riverkeeper is also a member.

The U.S. federal court of appeals for the D.C. circuit ruled on June 8th that NRC "merely hoped" for a repository someday, and ordered the agency to undertake an environmental impact statement study on the long-term consequences of no repository ever opening, that is the long-term risks of on-site irradiated nuclear fuel storage in pools and dry casks.  

Phillip Museegas of Riverkeeper emphasized that not only human health and safety risks associated with past, present, and future leaks of radioactivity from high-level waste storage pools needs to be included in NRC's EIS, but also the ecological consequences for downstream environments from such leaks. Riverkeeper is challenging Entergy's proposed 20-year license extension at Indian Point Units 2 & 3 near New York City. Indian Point 2's pool has been leaking radioactivity into soil, groundwater, and the Hudson River for nearly a decade.

The coalition issued a press release; the full audio recording of the press conference is posted on-line.

The coalition's January 2nd public comments, including expert witness testimonies, are posted on-line. So are the coalition's supplemental comments submitted today, put together in rebuttal to NEI's Jan. 2nd comments.

Critics have long dubbed NRC's "Nuclear Waste Confidence Decision and Rule" a Nuke Waste Con Game. In June, the federal courts agreed.

The coalition's press release began:

"In documents filed Wednesday with the Nuclear Regulatory Commission (NRC), a wide range of national and grassroots environmental groups said it would be impossible for the NRC to adequately conduct a court-ordered assessment of the environmental implications of long-term storage of spent nuclear reactor fuel in the two short years the federal agency envisions for the process.  

The groups’ comments and related declarations by experts are available online at http://www.psr.org/resources/nrc-rushing-nuclear-waste-confidence-process.html.  

In June 2012, the U.S. Court of Appeals for the D.C. Circuit vacated the NRC’s 2010 Waste Confidence Decision and Temporary Storage Rule and remanded them to the agency for study of the environmental impacts of storing spent fuel indefinitely if no permanent nuclear waste repository is licensed or if licensing of a repository is substantially delayed.  Spent nuclear fuel remains highly dangerous for prolonged periods.  It has long-lived radioactive materials in it that can seriously contaminate the environment and harm public health if released.  Additionally, spent nuclear fuel contains plutonium-239, a radiotoxic element that can be used to make nuclear weapons if separated from the other materials in the fuel.  Plutonium-239 has a half-life of over 24,000 years."

The complete press release can be read here.