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. 

For example, Reuters has reported that on Sunday, off-site electricity was fortunately restored to Pilgrim, after having been cut off on Friday night. The blizzard knocked out Pilgrim's three connections to the off-site electrical grid, but emergency diesel generators fortunately continued supplying the power needed to run safety and cooling systems on the reactor, the NRC has reported.

However, not mentioned by news media coverage, and little known, is the fact that NRC does not require emergency back up power on the high-level radioactive waste storage pools. Under NRC's lax regulations, pools can rely entirely, and exclusively, on the electrical grid for the running of cooling water circulation pumps. Thus, when the grid goes down, the pool begins to heat up. After enough hours or days without water circulation, the pool can begin to boil. If the evaporation goes on long enough, the pool water can boil away the water cover over the stored irradiated fuel. If the high-level radioactive waste is exposed to air, it can quickly catch fire. As pools are not required to be located within primary radiological containment structures, either (see graphic, above left), this means that catastrophic radioactivity releases into the environment could result from a pool fire, as Alvarez et al. warned in Jan. 2003, in the aftermath of the 9/11 attacks.

Pilgrim's pool contains all the high-level radioactive waste ever generated there. None has yet been moved to dry cask storage, a very rare exception in the U.S. nuclear power industry. After more than four decades of exclusively pool storage, however, Entergy has applied to NRC for permission to begin moving some fraction of the pool's inventory into dry casks.

The darkened Superdome evoked memories of Hurricane Katrina, when thousands of displaced New Orleans residents took refuge in the stadium as the emergency shelter of last resort.First, Entergy denied any responsibility, instead pointing fingers at the Superdome. Then, Entergy agreed to the need for an investigation. And now, five days later, Entergy admits that its faulty equipment was the culprit that plunged the Super Bowl -- and 75,000 in-stadium fans -- into darkness for 35 long minutes. 108.4 million others watched the darkness on television.

It's not unlike that time in Vermont, when Entergy officials testified, under oath, to state officials, that no underground piping existed at Vermont Yankee which could possibly be conducting radioactive materials. Only to have to admit a short time later, that those very pipes which it had denied even existed, were leaking tritium and other radioactive contaminants into soil, groundwater, and the Connecticut River.

Or that time, when it took over at the Palisades atomic reactor in Michigan, when it promised it would replace the corroded reactor lid and degraded steam generators, as well as deal with the worst embrittled reactor pressure vessel in the U.S. -- but never did.

As shown by the Fukushima Daiichi nuclear catastrophe, a prolonged power outage -- no matter what the cause (earthquake and tsunami, other natural disaster, faulty equipment, terrorist attack) -- denying electricity to the safety and cooling systems at nuclear power plants could lead to reactor meltdowns, and high-level radioactive waste storage pool fires.

The Chicago Tribune has reported on Entergy's mea culpa for causing the Super Bowl lights out. CBS Sports has reported that documents revealed concerns about electrical failures in the months leading up to the game. More.

NRC file photo of Pilgrim, albeit on a calm, sunny day.

However, as of 2:30 PM, NRC's "Current Power Reactor Status" report shows that Pilgrim is operating at 83% power. All other reactors in the Northeast are also operating, either at, or very close to, 100% power levels.

The Pilgrim Coalition mentioned concerns about the high-level radioactive waste storage pool's cooling systems ceasing to function.

In a press release, Pilgrim Coalition spokespeople stated:

“This is predicted to be a historic storm with severe consequences,” said Pine DuBois, Executive Director of Jones River Watershed Association. “Winds are supposed to pick up Friday night during high tide and continue through the even higher tide Saturday morning. Near hurricane gusts will be out of the east, hitting Pilgrim head-­‐on. At other times during high winds, Pilgrim’s water intake pumps have failed.”

“Entergy could not keep the lights on during the Super Bowl -­‐ can we be sure they’ll provide enough power to Pilgrim during the storm?” duBois added.

According to Karen Vale, Campaign Manager at Cape Cod Bay Watch, “This historic storm emphasizes that rising sea levels and frequent, more severe storms make Pilgrim’s continued operations increasing risky. We hope that the NRC will close Pilgrim until the threat of the storm passes.”

As Beyond Nuclear's Freeze Our Fukushimas campaign has warned, no matter the cause (earthquake and tsunami, or historic winter storm at high tide), any prolonged loss of power to atomic reactors can lead to meltdown and catastrophic radioactivity releases. Entergy's Pilgrim is an identical twin design to Fukushima Daiichi Units 1 to 4, a General Electric Mark I Boiling Water Reactor.

Dr. Arjun Makhijani, President of Institute for Energy and Environmental ResearchAs reported by Douglas P. Guarino at Global Security Newswire in an article entitled "Watchdog Groups Add to Legal Criticism of Nuclear Waste Review," a coalition of two dozen environmental groups (including Beyond Nuclear), as well as three states (Massachusetts, New York, and Vermont) are keeping the pressure on the U.S. Nuclear Regulatory Commission (NRC) to do a thorough Environmental Impact Statement on the on-site storage risks of high-level radioactive waste, not to mention the transport, off-site storage, and permanent disposal risks of irradiated nuclear fuel. The article quotes one of the environmental coalition's attorneys, Diane Curran, as well as one of its expert witnesses, Dr. Arjun Makhijani (photo, left).

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.

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).

Another Pilgrim claim to infamy: every single irradiated nuclear fuel assembly ever generated there is still stored in its high-level radioactive waste storage pool. Thus, whereas the precarious Fukushima Daiichi Unit 4 has some 135 tons of high-level radioactive waste stored in its pool, Pilgrim has around 600 tons of waste in its pool.

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 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.

VT AG William Sorrell

The State of Vermont Department of Public Service joined in the VT and NY AG's joint comments. VT's Public Service Board is currently considering whether or not Entergy Nuclear, which has actually sued its three commissioners by name, whether the out-of-state utility deserves a Certificate of Public Good to continue doing business in the Green Mountain State.

State of Vermont Attorney General William Sorrell (pictured, left) stated that "Until the D.C. Circuit’s ruling, the NRC licensed and relicensed nuclear reactors on the assumption that the federal government would take away all of the spent fuel from each reactor site at some defined time, so the NRC never looked at the possibility that the fuel might stay there for years, decades, or even centuries.” He added that NRC has to consider whether licensing new -- and extending the licenses at old -- reactors makes sense in light of the long-term environmental impacts of onsite irradiated nuclear fuel storage, and the uncertainty surrounding the availability of a permanent dumpsite at any point in the future. In the 1980s, the U.S. Department of Energy was eyeing 7 potential sites in Vermont's granite for a national repository, as well as additional sites in neighboring New Hampshire (Hillsboro) and Maine (Sebago Lake).

Sorrell's office will present oral arguments at the Second Circuit Federal Court of Appeals in New York City on January 14th, seeking to overturn a federal district judge's ruling in favor of NRC's rubberstamping Entergy Vermont Yankee's 20-year license extension, despite the laws of the State of Vermont to the contrary.

Both VT and NY are strongly resisting 20-year license extensions at Entergy Nuclear's Vermont Yankee (already rubberstamped by NRC in March 2011, just days after the twin design Fukushima Daiichi Units 1 to 3 GE BWR Mark Is melted down and exploded in Japan) and Indian Point Units 2 and 3 near New York City.