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« 2nd Circuit Court of Appeals in Manhattan orders NRC to seek public comment before approving exemptions to fire safety regulations at Entergy's Indian Point atomic reactors | Main | Federal judge rejects Entergy's bid to block New England Coalition's call for Vermont Yankee shutdown before the State of Vermont Supreme Court »
Thursday
Jan102013

Entergy Watch: Vermont Yankee, FitzPatrick, Indian Point, Palisades

Entergy Nuclear has been buffeted by financial misgivings and legal challenges, as well as leaks and breakdowns, at a number of its fleet of a dirty dozen atomic reactors in recent weeks, with much more to come in the days ahead.

UBS published a financial analysis on Jan. 2nd, reporting that Entergy's smaller-sized merchant atomic reactors --especially Vermont Yankee, and FitzPatrick on the Lake Ontario shoreline in upstate NY -- are vulnerable to "early retirement" due to crushing economic challenges. Fairewinds Associates nuclear engineer Arnie Gundersen points out that the UBS conclusion did not even consider the nearly $250 million in repairs and safety upgrades needed at Vermont Yankee in the years ahead, including a $100 million condensor replacement. Thus, although Dominion's "domino" -- Kewaunee in Wisconsin -- was the first to fall in 15 years, numerous additional reactor shutdowns may be in the offing across the U.S.

Both VY and FitzPatrick are General Electric Mark I Boiling Water Reactors, identical in design to Fukushima Daiichi Units 1 to 4. Mark Is, as well as closely related Mark IIs, are the top focus of Beyond Nuclear's "Freeze Our Fukushimas" campaign. Gundersen emphasized that U.S. Nuclear Regulatory Commission (NRC) mandated safety upgrades, in light of "lessons learned" from the Fukushima Daiichi nuclear catastrophe, could run into the tens of millions of dollars.

Entergy pressurized water reactors in New York, Indian Point Units 2 & 3 near New York City, suffered a legal setback, as challenges to their 20-year license extensions continued. The 2nd Circuit Court of Appeals in Manhattan ruled that NRC cannot rubberstamp exemptions to fire protection regulations at Indian Point without providing the public with an opportunity to comment.

New York's Attorney General, Eric Schneiderman, joined Vermont's Attorney General, William Sorrell, in filing joint comments to NRC regarding the agency's Nuclear Waste Confidence Decision and Rule. Schneiderman and Sorrell, joined by the AGs of NJ and CT, as well as a coalition of environmental groups, won a major ruling by the D.C. Circuit Court of Appeals in June which nullified NRC's Nuke Waste Con Game, and ordered NRC to carry out an environmental impact statement regarding the risks of long-term storage of high-level radioactive waste on-site at reactors. The NRC Commission has acknowledged that the finalization of 20-year license extensions (such as Entergy seeks at Indian Point 2 & 3), as well as new reactor licenses, will be delayed at least two years, in order to complete the EIS. Please consider attending an NRC call-in teleconference from 1:30 to 2:30 PM Eastern on Wed., Jan. 16th. NRC will be providing an update on the status of its court-ordered Nuclear Waste Confidence EIS. We need to show up in numbers, to hold NRC's feet to the fire. The call-in number and passcode are: 1-800-857-2553, passcode 3682386.

VT AG Sorrell's office will appear before the 2nd Circuit Court in Manhattan on Jan. 14th, for oral arguments on its appeal of a Brattleboro federal district judge's ruling in Entergy v. Shumlin et al. A favorable ruling on the appeal could empower the State of Vermont to order the shutdown of VY under state law. 

Meanwhile, New England Coalition is calling for just that, before the State of Vermont Supreme Court. NEC is demanding VY be shutdown immediately, given Entergy's lack of a Certificate of Public Good to do business in the state. The Brattleboro federal district court has not blocked NEC's lawsuit at the VT Supreme, so the hearing is set to take place in mid-January. The State of Vermont Public Service Board is taking public comment on whether, or not, it should grant Entergy a renewed CPG. Entergy, for its part, has sued the three commissioners on the PSB by name. Top public officials in VT openly refer to Entergy as a "rogue corporation," after top Entergy officials lied under oath to state officials concerning radioactively leaking underground pipes at VY.

Finally, what may be Entergy's most dangerous reactor of all -- problem-plagued Palisades in southwest Michigan -- is receiving very well deserved public scrutiny. Responding to pressure from Beyond Nuclear and its allies living in the shadows of Palisades, NRC has agreed to hold its second public webinar in three months. This webinar -- like the first on October 1, 2012, which had 80 public participants -- will focus on "recent through-wall leaks" at Palisades. On August 12, 2012, a safety-critical control rod drive mechanism through-wall leak was announced. In September, 2012, another through-wall leak was admitted, this time on a safety-significant service water system valve. The 46 year old Palisades atomic reactor is suffering "a leak a week" and a "breakdown per month." Critics are calling for its shutdown, before it melts down.

Please hold NRC's feet to the fire, by attending the webinar on Sat., Jan. 12th from 11 AM to 12 Noon Eastern. You must register in advance by Fri., Jan. 11th. To do so, fill out the web form at https://www1.gotomeeting.com/register/202634264, or call NRC's Diana Betancourt at (630) 829-9617. A confirmation email will be sent to you with instructions on taking part in the webinar. Although questions to NRC can only be asked online, a toll-free phone number and passcode will also be provided, if you would rather listen-in by phone.

For more information on this NRC webinar, as well as background on Palisades, please click here.