Thursday, May 10, 2007

Let Indian Point Prove Evacuation Plan Works Under Terrorist Attack Scenario

In a previous post, I've pointed out that the NRC's DBT and the Force on Force Exercises that are derived from it, at best, are a cruel joke on host communities. Further, we all know that Indian Points evacuation plan WILL NOT WORK. In fact, Sam Collins of the NRC admitted as much in a recent public meeting when he stated to the audience that, in the case of a fast moving nuclear incident or terrorist event at the plant, evacuation would not work, and FEMA would have to rely upon sheltering in place.

In an article posted this week, GNB shared with our readers a slide from a Centers for Disease Control presentation that show people sheltered in their homes would only have a 40 percent level of protection from the radioactive matter released in a nuclear event. For those without a basement, or those living in say a trailer, such as the park just up Route 9, the level of protection if sheltered in place drops to and even more deplorable ten percent level.

I bring this up, as it is time for reactor licensees to prove their evacuation and/or emergency plans are workable, by proving it with a full blown emergency plan implementation exercise as a part of the relicensing process. Such a precedent for such an exercise is no longer without precedent, as a 4,000 member strong contingent held the first ever large scale terrorist attack nuke crisis emergency exercise in Marion, Indiana at a cost of $700,000. To put that financial cost into perspective, $700,000 is less than one days revenue stream for the Indian Point reactors...since they seek a 20 year license renewal, such a figure is NOTHING in the big picture for their revenues.

Thinking it is time to write up another Petition For Rule Making here.

May 07, Indianapolis Star (IN) — Safety crews to simulate nuke crisis. Some 700 police and fire officials from Marion County, IN, will be part of the 4,000-strong contingent that will respond to a simulated nuclear disaster later this week at a cost of $700,000, Public Safety Director Earl Morgan said Monday, May 7. Military and public safety officials often practice their craft in simulated circumstances, but this will be the nation’s first-ever scenario depicting a situation in which a nuclear device is detonated in an American city by terrorists. The training exercise takes place Thursday through Sunday at the Muscatatuck Urban Training Center in Jennings County on the grounds of a complex of buildings constructed in the early 1900s. Source:

Neil Sheehan Admits Indian Point One Continues To Radiological Pollute Hudson River

We here at GNB had gotten reports (which we still believe true) that radioactively contaminated water from Indian Point 1 (which is supposed to be in SAFSTOR) was being carted off site to some unknown destination. I brought this allegation to the attention of Neil Sheehan, who said he would look into it, and get back to me.

In an email from him (copied below), he said the allegations were untrue. Water from Indian Point 1 after being treated was slowly being released into the Hudson River. In his letter, he assures us that the water is within legal limits...what he does not tell us, is a facility that has been shut down now for almost 30 years is still putting radioactive wastes into the Hudson River. What he also does not tell us, is that reactor 1 has been tied to Indian Point 2...what that means, is instead of reactor 1 being decommissioned and released in a period of not more than 60 years, its decommissioning will not begin until the decommissioning of unit 2 begins. That should be an unacceptable reality for everyone living in the community. One last note...with Barnwell being closed to Indian Points low level radioactive wastes beginning next year, where is that waste now going to be stored? At the facility!

Mr. Martinelli,

I checked with our technical staff. They inform me that while filters used in the cleanup of contaminated water at Indian Point 1 are disposed of off-site, at sanctioned facilities such as Barnwell in South Carolina, no water from the facility is being taken off-site. Any water collected there is treated, sampled and then eventually released in a slow, controlled manner into the river, provided that it is within allowable limits.

Neil Sheehan
NRC Public Affairs

Green NRC Non-Cited Violations Amount to No Regulatory Control

Found a finding in a GAO report from 2003 rather interesting, as it clearly points out the fallacy of NRC's non-regulatory Green non-cited regulatory enforcement policies for their licensees. With almost every licensee violation now non-cited, we are less safe, and their is no real incentive for the licensees to do better. The green rating, color coded system needs to go. A violation of 10 CFR rules is that, a violation, and when one is found, it should be cited, and the licensee FINED.
First, NRC inspectors often used a process that minimized the significance of security problems found in annual inspections by classifying them as “non-cited violations” if the problem had not been identified frequently in the past or if the problem had no direct, immediate, adverse consequences at the time it was identified. Non- cited violations do not require a written response from the licensee and do not require NRC inspectors to verify that the problem has been corrected. For example, guards at one plant failed to physically search several individuals for metal objects after a walk-through detector and a hand-held scanner detected metal objects in their clothing. The unchecked individuals were then allowed unescorted access throughout the plant’s protected area. By making extensive use of non-cited violations for serious problems, NRC may overstate the level of security at a power plant and reduce the likelihood that needed improvements are made.

NRC Cover Up Of Potential Criticality Accident-Can They Even Be Trusted?

In a barely noticed report hidden deep within the bowels of the Federal Registry was a report to Dick Cheney (worm butt) about a Criticality Incident that details the HEU spillage, which took place at Nuclear Fuel Services' (NFS's) fuel fabrication facility in Erwin, Tennessee, on 6 March 2006. Not once but twice during the CAREFULLY HIDDEN (as in coverup) incident, materials gather in a fashion that we could have had a critacality in, a NUCLEAR EXPLOSION! HEU is not your ordinary run of the mill uranium, but instead, uranium enriched to the point that between 20-90% of the material is U-235, the isotope usually split to release energy. Military reactors for naval power and propulsion are fuelled by HEU fuel, which is made at certain designated facilities under NRC oversight.

The timing for this cover up is suspicious, and when coupled with the NRC's blind rubber stamping of license renewal and the push for a Nuclear Renaissance, obviosly vile, deliberate and brazen. So the question becomes, can the NRC be trusted? Has the time come to disband the NRC, giving oversight of NRC's licensees to the US EPA? Has the time come for the United States Department of Justice to bring a RICO suit against NRC, NEI and the nuclear industry?

Military event revealed after over a year
09 May 2007
The US Nuclear Regulatory Commission's (NRC's) annual report on 'abnormal events' has revealed a serious spill of high-enriched uranium (HEU) solution at a facility used to make nuclear fuel for naval reactors. No workers were hurt.

A recently published NRC report to Vice President Dick Cheney, published in the US Federal Register, details the events from FY2006 which commissioners consider to be significant from the standpoint of public health and safety. One passage details the HEU spillage, which took place at Nuclear Fuel Services' (NFS's) fuel fabrication facility in Erwin, Tennessee, on 6 March 2006.

NRC reveals nuclear spill
Commission tells Congress
of 2006 incident in Tennessee

By Duncan Mansfield
Associated Press Writer

KNOXVILLE — The Nuclear Regulatory Commission revealed in a new report to Congress that a nuclear chain-reaction accident nearly occurred 14 months ago at a nuclear fuels processing plant in Tennessee.

About 35 liters, or just over 9 gallons, of highly enriched uranium solution spilled March 6, 2006, at the Nuclear Fuel Services Inc. facility in Erwin, about 15 miles south of Johnson City, the NRC said in a report published Friday in the Federal Register.

The solution leaked into a protected glovebox, then flowed onto the floor and into an old elevator pit at the plant, which has been making nuclear fuel for Navy submarines and commercial reactors since 1957.

"Criticality," or a sustained nuclear chain reaction that releases radiation, was possible as the uranium pooled in both the box and the elevator pit, the NRC said.

"If a criticality accident had occurred in the filtered glovebox or the elevator pit, it is likely that at least one worker would have received an exposure high enough to cause acute health effects or death," the NRC report said.

"Nobody got hurt. There was no danger to the general public," NRC spokesman David McIntyre said Tuesday. "(But) they were lucky and we don't like them to be lucky, we like them to be careful."

The incident might never have been disclosed publicly if not for laws requiring the NRC to annually report "abnormal occurrences" of its license-holders to Congress.

Important Petition For Rulemaking Accepting Co-Signers

The Petition For Rulemaking below has been written in such a fashion as to make all citizens living within 50 miles of ANY REACTOR in America a stakeholder for said petition. Because we are on a tight time line here around Indian Point, we need those wishing to co-sign onto this Petition For Rulemaking ASAP (We are closing off the petition this coming Monday). Please share this with your email trees, and list serves. To be added to the Petition simply email your name and address to If you are a part of an organization, and want to include said organization as well, include that. Politicians, such as our own Andrew Spano, or Congressman John Hall are encouraged to sign on as well, and we encourage them to get other politicians they know on board as well. This petition co-created with Susan Shapiro, a Clearwater Board Member.

To: Nuclear Regulatory Commission
Washington, DC 20555

Dear Chairman
Office of License Renewal
Michael T. Lesar
(Rulemaking, Directives and Editing Branch-Division of Administrative Services)

Formal Petition For Rulemaking (PRM under 10 CFR 2.802) seeking to have Entergy's License Renewal Application for Entergy Nuclear Indian Point 2, LLC and Entergy Nuclear Indian Point 3, LLC, dismissed immediately for being defacto inadequate, invalid and improperly filed application that has co-mingled and/or joined applications for two very unique and distinct reactors which are/have:

1. Owned by legally filed, two separate and distinct Limited Liability Corporations(“LLC”)
Entergy Nuclear Indian Point 2, LLC
Entergy Nuclear Indian Point 3, LLC,
governed by the Uniform Commercial Code (“UCC”) and other state and federal statutes and government agencies, including the Securities and Exchange Commission” (“SEC”). The two separate and unique LLCs both have legal and moral obligations to run and operate their business enterprises in a fashion best suited to their separate and distinct company goals.

2. Fully separate legal liabilities, duties and responsibilities. The Price Anderson Act, and the Federal Courts treat each of the LLC's as a unique and separate entity. For example, either Indian Point 2 or Indian Point 3, as a separate legal entities, could file for Chapter 11 Bankruptcy and the protections it affords, with there being no legal bearing and/or effect on the other LLC's business dealings and/or day to day operational and business readiness. Further, under 10 CFR rules and regulations permit either LLC's reactor to continue operation, even if a significant nuclear incident required IMMEDIATE SAFSTOR and/or decommissioning of the other.

3. Separate NRC licenses are individually, not jointly, issued to and held by each separate and unique, legally separate LLC. Each of these separate and unique NRC licenses is held separately accountable to the standards found in the 10 CFR rules and regulations.

In fact and deed the NRC itself clearly defines the separateness of the licenses/licensees in their public meetings held with members of the stakeholder community. Separate inspectors from the individual reactors give SEPARATE REPORTS.

Regional Director Sam Collins points out that each reactor has separate and unique difficulties. Simply put two identical cars are licensed individually and are not alike, have distinct VIN numbers do not perform identically, and have separate issues dependent upon the separate vehicle owners that drive and maintain said cars. Like cars each reactors is distinct when owned by different LLC, are different ages and are operated by different staffs.

4. Each separate LLC/License holder, and their UNIQUE and separate reactor are very different, with different managing styles and teams, as has been acknowledged by both the NRC and Entergy. Each reactor and LLC have different infrastructure problems and aging issues, and even different labeling and use criteria for the same and/or similar individual component hardware parts that make up the whole of their separate reactors.

Request For Action

Sherwood Martinelli, stakeholder in the Indian Point 2 and 3 License Renewal Process and living within three miles of the aging [1], brittling [2] and fatally flawed reactors [3] known as Indian Point Reactors 1, 2 and 3 and the individual, organizational, and governmental petitioners (co-signers/interveners) identified on the attached page(s) (collectively, Petitioners) who live and/or work within the 10 or 50 mile radius Evacuation Zones established for Indian Point and/or other reactor communities hereby respectfully request, pursuant to 10 CFR 2.206 and 2.202 and 2.802, that the United States Nuclear Regulatory Commission take the following immediate actions as their governance allows:

1. For the reasons stated above, reject and deny, on its face, the jointly filed and combined License Renewal Application for Indian Point Reactor's 2 and 3, as they are separately owned, operated and licensed reactors held by separate and independent Limited Liability Corporations (LLC's).

2. Instruct each separate and independent LLC/License holder that they will need to file completely separate stand alone License Renewal Applications that prove on its own merits, and with the infrastructure of the individual plant, conclusively meets all necessary requirements of local, state and federal government rules and regulations necessary to operate their stand alone nuclear reactor as a fully independent facility for the 20 year period they would seek for license extension/renewal.

LLCs cannot pick and choose when they will use benefit from being separate LLC'S,† and when at their sole discretion and convenience† they would rather benefit from co-mingling the two LLC's to act as one corporation.† It is unequitable to consolidate the relicensing process for two distinct reactors with distinct issues.

3. To avoid the appearance and/or actual fact of collusion between NRC and the nuclear industry, to eliminate the appearance/reality that the nuclear industry was allowed to write/create its own license renewal rules and regulations, abandon use of the NEI's NEI 95-10 which, almost word for word, was adopted into NRC's guidelines as the standard by which license renewal applications would be judged. This biased and skewed set of Industry Guidelines adopted by the NRC is prejudiced in favor of licensees, leaving host communities powerless in the process, and forced into a position of servitude for 20 years while serious safety and security concerns do not even get addressed in the license renewal process.


1. Each license is held by a separate LLC. As such, each reactor and its licensee is a unique and separate issue, owned by a unique and distinct LLC, with each having its own unique set of legal rights, and legal responsibilities. A joint license renewal application clouds the legal rights, duties and responsibilities for both the LLC, and for the stakeholders, should it become necessary to pursue legal remedy.

2. A co-mingled and jointly filed license renewal application creates and onerous situation for public stakeholders. Minor distinctions and issues between the licenses and their respective reactors, are quite complex. Only by separating the license applications can stakeholders adequately understand, and thus adequately address concerns about each unique license and reactor.

3. By the NRC Embracing the industry (N.E.I.) standards for license renewal, with inadequate public input into the creation of the rules regarding the process has defacto abridged the rights of host communities, and violates due process and equal protection rights.

4. The NRC cannot abridge stakeholders rights, due process and equal protection rights, in rushing to accept a legally improper license application that co-mingles two LLC renewals into one, in order to save the licensee time and money.

5. Further the NRC must consider in any license application that NEPA considerations, including but not limited to, the public right to have security issues fully addressed, including planes flying into spent fuel pools, and terrorists attacking key components of the reactor itself.

In light of the recent foiled terrorist attack on Fort Dix, wherein the terrorists were in the processing of securing one of the very weapons that the NRC itself wrongfully removed from the DBT, at the request of the NEI, against staff advice, under the guise of saving licensees money.

The constitution protects our rights to redress. The 9th Circuit Court of Appeals requires the NRC included terrorist attacks in it's siting and relicensing standards. To date, the NRC has ignored the court decision. We hereby request that all NEPA consideration and terrorism and evacuation capabilities by included as considerations in the relicensing process.

Respectfully Submitted,


Sherwood Martinelli
351 Dyckman
Peekskill, New York 10566

Susan Shapiro
21 Perlman Drive
Spring Valley, NY 10977
Remy Chevalier
25 Newtown Turnpike
Weston, CT 06883

Samuel E. Davis
185 Lake Drive
Lake Peekskill, NY 10537

Barbara Jacobs
76 Dimond Ave.
Cortlandt Manor, NY 10567

Judy Allen
24 Seifert Lane
Putnam Valley, NY 10579

Sally Shaw
100 River Rd.
Gill, MA 01354

Maureen Ritter
46 Campbell Ave
Suffern, NY 10901

Dorice Madronero
Regis Ct.
Suffern, NY 10901

Pamela Slater
7 Kensington Rd.
Scarsdale, NY 10583

Dan Doniger
53 W. 111th Street, Apt. 4W
New York, NY 10026

Gary Shaw
9 Van Cortlandt Place
Croton on Hudson, NY 10520

Lucillen Weinstat
8 Halfmoon Rd.
Beacon, NY 12508

PO Box 134
Croton on Hudson, NY

Individuals CrotonCIP Steer
signed on as individuals are:

Mary Cronin
Christine Puente
Batya Halpern

Rockland FUSE (Friends United for Sustainable Energy)
21 Perlman Drive
Spring Valley, NY 10977

Ann Harbeson
5 Valley Trail
Croton on Hudson, NY 10520

Mary Cronin
201 Cleveland Drive
Croton on Hudson, NY 10520

Christine Puente
31 Battery Place
Croton on Hudson, NY 10520

Joseph Biber and Batya Halpern
204 Cleveland Drive
Croton on Hudson, NY 10520

Michel Lee
265 Madison Rd.
Scarsdale, NY 10583

Elise Levine Cooper
62 Taylor Road
Mt. Kisco, NY 10549

Mark Jacobs
46 Highland Drive
Garrison, NY 10524

Mary Cronin
201 Cleveland Drive
Croton-on-Hudson, NY 10520

Batya Halpern
204 Cleveland Drive
Croton-on-Hudson, NY 10520

Joe Biber
204 Cleveland Drive
Croton-on-Hudson, NY 10520

Ann Harbeson
5 Valley Trail
Croton-on-Hudson, NY 10520

Christine Puente
31 Battery Place
Croton-on-Hudson, NY 10520

Allegra Dengler
60 Judson Avenue
Dobbs Ferry, NY 10522

Wednesday, May 9, 2007

DOE and NRC Conference Participants Mailing List Found On Internet!

Imagine my surprise when I did a Google search for an individual, and found not one, but two very substantial contact lists. One each from a NRC and a DOE conference. If you ever wanted to send out a mailing of your Anti Nuclear message to the other side for educational purposes, these are the two lists to use.

NRC's Comprehensive Contact List For 2006 Conference Participants-Great mailing list for those wanting to send out your Anti-Nuclear Message. Includes names, organization, address, phone, and in most cases their email address. Found doing a Google Search by person's name. If I were any of these people, would be thinking twice about NRC's ability to protect information. If the document gets taken down, contact the GNB for the Publicly Available and downloaded mailing list.

Also found in the same name search is a similar participants contact list for a conference on Hydrogen Energy hosted by DOE! No email addresses, but everything else is included.

Entergy's Steets Shows Arse Hole In Tritium Sewage Comment to Press

For most of us, the fact that yet another tritium leak has been identified at Entergy's failing Indian Point, site of two aging, brittled reactors is not unexpected. The NRC in their quest for a Nuclear Renaissance is trying to sweep significant aging issues under the carpet so they can wrongfully renew the licenses for these ancient decaying reactors for another 20 years. What was rude, crude and deplorable was the Entergy spokesperson's (Steets) obnoxiously insentive remark to the press. He basically inferred, that barring the other contaminants normally found in sewage, the liquid was safe enough to drink...sounds like something a Indian Point employee named Lessard might have spoken just before goiing off the deep end and killing his wife and kid before committing suicide...just a suggestion, but if Steets cannot handle his duties as spokesperson in a more professional manner, maybe he needs to go on paid leave as well?

Radioactive isotope found in sewer leading to Buchanan

(Original publication: May 9, 2007)

BUCHANAN - Indian Point officials have found traces of tritium in the nuclear plant's sewer pipes that connect to the Buchanan sewage system, the first indication that the radioactive isotope may be reaching the village.

Nuclear Regulatory Commission officials confirmed the report earlier today, saying they would be independently verifying the test results sent in a company e-mail to Buchanan and other elected officials and the agency.

The memo, obtained by the Journal News, stated that during an April 30th test of sewage at the plant, tritium was found at a radiation concentration of 8,000 pico curies per liter - a fraction of the 10 million pico curies per liter allowed in sewage.

"We will be confirming those results independently," said NRC spokesman Neil Sheehan. "We do have an inspector up there this week who specializes in the whole groundwater contamination issue, so we'll be following up on that."

The plants have been leaking tritium since at least August 2005, when workers discovered a crack at the base of a building that houses a spent-fuel pool.

Strontium 90, a more radioactive isotope, was discovered to be leaking as well when the plant began investigating the tritium leak. The two leaks do not appear to be connected, company officials have said.

Hydrologists and other experts had said that whatever leaking radiation was leaving the site was likely going into the Hudson River, where it would be diluted many times over by the large volume of water.

Sheehan said the NRC wants more information about how tritium could have "gotten into the presumably closed sewage disposal system."

An Entergy hydrology expert said yesterday the company has already taken more samples and would be testing for strontium 90 in the sewage effluent as well as tritium.

Electrifying Times Published GNB Article in Their Print Edition

Green Nuclear Butterfly is pleased to announce that Sherwood Martinelli has recently been published in the latest print edition of Electrifying Times. You can read the article here.

Protection of Sheltering In Place-The 40 Percent Truth

My morning coffee was interrupted by the ringing of the turned out to be the reverse 911 system calling to let me know that Entergy's new siren close to my home will be sounding off today somewhere between 9-11:30 AM as Indian Point tries to get its new system to perform correctly. Happy, happy, joy, joy. Being in a generous mood this morning, lets assume that the system actually works. Now, lets assume there is a fast breaking event at the facility, and the alarms are going off in at least 94 percent (The NRC benchmark for pass/fail) of the affected area.

Assuming everyone is at home for this event, you grab your wife/husband, children, and Pedro the dog and rush into the house to begin implementation of the Emergency Evacuation Plan. As the children race through the house closing up windows, Pedro is barking incessantly, and you run to retrieve your handy roll of duct tape, your wife turns to channel 12 to listen for updates. In truth, there is a very real chance that your local news station is not going to have anything of much use for as long as a couple hours! Hey, it takes time to get everyone in place, ascertain the full scope of the emergency, then start feeding information and instructions out to the media, and from there out onto the now contaminated airwaves. Not to worry...the folks at Homeland Security and FEMA have made available to the media some pre-made (CANNED) messages to keep you calm during this potentially grave period of uncertainty.

STAY OR GO? Based on the above, the odds are, that you need to make this call sooner rather than later. Fact-if (as GNB suspects) it takes a couple of hours for the various agencies to get their act together and give the public its marching orders, full chaos will have already broken out. It is commonsense to believe this...if you hear the sirens, if it is an actual emergency, how long are you going to be sitting idly by waiting on Channel 12 to give you news you can use? If you follow the rules, the best advice on avoiding exposure is putting DISTANCE between you and the source, so EVACUATE.

Grabbing a few carefully chosen possessions, you scoop up Pedro the dog, and race the family down to the street and leap into the mini-van to make your escape. You put the car in gear, drive two blocks and run smack dab into a wall to wall, bumper to bumper traffic jam on Whelcher Street...WHOOPS, the doubters were right, evacuation will not work. With 27 cars now honking behind you, the realization hits...we have to shelter in place.Throwing the car in park, you, Pedro the dog,the wife and kids set off back to the house to shelter in place, abandoning the minivan where it sits.

Safe and secure back in your home,you begin implementation of plan B as the announcer tells you again for the forty third time to stay tuned for breaking news and instructions on this breaking nuclear event. As you are taping off the windows in the attic bedroom you glance towards Indian Point's Domes only to see that one of them is missing, and a large plumb/explosion has lifted up into the sky...breaking into a chilled sweat you scream at your family to move everything down into the basement.

Windows shut and taped over with plastic, the doors locked, you and your family sit huddled together in the basement that has no heat, the children whimpering as you wait for news and far, all you have gotten from Channel 12, is that you are expected to SHELTER IN PLACE. Do you really think the news that the core has been breached is going to be let out onto the airwaves sooner than later, risking mass hysteria in the New York city area, home to over 20 million people...sorry, no amount of security could control that situation, so they are going to clamp down on the news by throwing up and exclusion zone.

Enter the plain truth...according to the Center for Disease Control, if you shelter in your basement in a typical wood frame house, you, your wife/husband, your children and Pedro the dog are only protected from FORTY PERCENT of the radioactive contaminants in a BEST CASE SCENARIO. Houston, we have a problem! This gives you less than a 50/50 chance of coming out of a significant radiological event and/or terrorist attack unscathed if the NRC and your local officials order you sheltered in place.

Some 12-14 hours into this event you notice your children (who are more susceptible)are vomiting profusely. Somehow, you have to get them to the hospital, so you protect yourselves the best you can, and make a mad dash through the falling radioactive particles to your second car that is parked in the garage. Somehow, you make it through the chaos to the Hudson Valley Medical Center Emergency Room (sponsored by Entergy)that has been recieving MASS CASUALTIES. Citizens are being corraled into roped off areas OUTSIDE the facility in the radioactive fallout area. Sorry, but if you go to the REAC/TS site and read their Radiological Triage document, this is NOT some far out concocted scenerio written by some drug crazed, long haired hippie. The walking wounded, and those who may have been exposed take a second seat to the seriously wounded. Further, the REACT/TS site admits that staff could be over run.

To deal with this reality, emergency planners have been instructed to A) suspend the rule of law in the exclusion zone, and B) have adequate law/military enforcement on the scene at hospitals to control a frenzied, out of control general short, even though your children are exhibiting all the signs of radioactive contamination, it could be hours, even days before they are attended to. They may survive the incident, but they are now a cancer death waiting to happen, months or years later.

The NRC and NEI adit they have far to little knowledge on the effects brittling will have on a reactor core's susceptibility to thermal shock. As a potter, I can tell you a vessel that experiences thermal shock will shatter, plan and simple, sending shards exploding into the atmosphere. With this uncertainty, with the very real fact that sheltering in place only protects you from 40 percent of the fallout, can we really afford to relicense Indian Point for 20 more years?

Tuesday, May 8, 2007

Anti-Trust Complaint Filed With Department of Justice Against Some Major Members Of ACE NY, AWEA and Wind Industry

Seems a whole slew of people have some serious issues with certain members of the wind industry....Green Nuclear Butterfly is reviewing the documents filed with the Department of Justice now to see which of those major wind players have associations directly and indirectly with the nuclear industry...stay tuned!

Complaint Filed on April 25, 2007 with the Department of Justice under the Sherman Antitrust Act by Concerned Citizens from the States of New York, Vermont, Maryland, and California.

Nature of Complaint

This is an Antitrust Complaint alleging that an International Cartel is engaged in Market Allocation, Price Fixing and Bid Rigging in Windfarm Developments in New York and Vermont, as well as other states across the nation. This Complaint was submitted by 94 concerned citizens via email to the U.S. Department of Justice, Antitrust Division on April 25, 2007.

Summary of Complaint

A number of foreign companies, along with at least one domestic firm, have conspired to eliminate competition in the newly emerging domestic wind energy industry.Through a maze of ad hoc LLC’s, partnerships, affiliations, cross-ownerships, strategic alliances,memoranda of understanding, joint ventures, and associations these entities have allocated the market geographically and effectively prohibited any manner of competition for highly profitable business ventures. The end result of this collusion is that thousands of landowners and hundreds of municipalities have been denied substantial monetary gains that would otherwise be available in a free and competitive market. Due to a plethora of subsidies, incentives, and tax breaks the wind energy developments are highly profitable and virtually all of the earnings are funneled abroad to the foreign owners and investors.

Companies, Individuals, and Organizations Involved

1. Babcock and Brown: described as an international investment, advisory and infrastructure firm. Babcock and Brown member of ACE NY It should also be noted, that John Calloway, Chief Development Officer for Babcock and Brown is on the board of AWEA!

..Babcock and Brown: based in Sydney, Australia and trades on the ASX
as symbol BBN.

..Babcock and Brown Ltd.: involved in investment banking, structured finance advisory, arrangement and management business, principal investment and other wholesale financial services. It is controlled by BBN, and trades as BNB on ASX. BNB is a major investor in global windfarm development and operation. BNB has a total market capitalization of over $8.5 billion, of which $3.825 billion is owned by
the executives of the bank.

..Global Wind Partners: an investment fund, 67% of which is owned by BBN and BNB.

..Babcock and Brown Wind Partners: a listed fund; apparently a successor to Global Wind Partners that comprises three funds: Babcock and Brown Wind Partners Trust, Babcock and Brown Wind Partners Ltd, and Babcock and Brown Wind Partners (Bermuda) Ltd. Following an IPO in 1995, this fund traded on the ASX as symbol BBW. This investment fund is described as being managed by Babcock and Brown (BNB).

..Babcock and Brown Infrastructure Management Pty. Ltd. (BBIM):formerly known as Prime Infrastructure, it is an investment fund that had some oversight responsibility or ownership of Babcock and Brown Wind Partners.

..Babcock and Brown Infrastructure (BBI): a listed fund, managed by BBIM.

..Babcock and Brown Power: a listed fund; owns two power-generating stations in Australia (acquired in 2006), one of which is called Ecogen.

..Babcock and Brown Operating Partners LP (later became an LLC?): based in San Francisco and responsible for at least some of Babcock and Brown’s US operations. This unit has a joint venture with BP Alternative Energy North America for the development of a 300MW windfarm in Weld County CO. Babcock and Brown LP (presumably an informal name for Babcock and Brown Operating Partners LP) is described as an equity investor in Sweetwater Wind Power Project in Texas. They are partnered in this project with DKR Development LLC (the project developer), Catamount Energy Corp. (also an equity investor) and TXU (the utility Antitrust Complaint – April 25, 2007 8 buying 100% of the project’s electricity). DKR Development was founded in 2001 by four former Enron executives, one of whom serves on the Catamount Board of Directors.

..Babcock and Brown Power Operating Partners, described as a wholly owned subsidiary of BNB, acquired 100% of the membership interests in G3 Energy LLC in January of 2005. G3 Energy was involved with the development of windfarms in 4 states and Canada. Babcock and Brown Power Operating Partners, on September 8, 2005, won preliminary approval for a $300M 400 MW transmission line to bring power into San Francisco (Trans Bay Cable). Babcock and Brown Power Operating Partners, on 6-5-06, announced a deal to purchase 443MW of wind turbines from Mitsubishi for projects in New Mexico, Colorado, and Texas. Mitsubishi Power Systems (MPS) will also provide wind turbine commissioning, installation support and maintenance for 5 years.Babcock and Brown Power Operating Partners, on 1-23-06, announced that it had selected enXco, Inc. to provide operations and management support for B+B’s Kumeyaay project near San Diego. In the 11-30-06 DOE/EIA listing of power plants, Babcock and Brown
Power Operating Partners is designated as Utility ID # 50123, and as the Company associated with the Plant named Ecogen Wind in Italy NY and Prattsburgh NY.

..BBPOP Wind Equity LLC.


..B+B Eifel UK Ltd.: a partner in a windfarm in Germany that later was acquired by B+B.

..GWP Pty. Ltd.

..BBI US Holdings Pty. Ltd.

..BBI US Holdings II Ltd.

..BBI Glacier Corp

..Sweetwater Wind 1 LLC, Sweetwater Wind 2 LLC, Sweetwater 3 LLC, Sweetwater Wind 4 LLC, and Sweetwater 5 LLC Antitrust Complaint – April 25, 2007 9

..Eurus Combine Hills 1 LLC

..Blue Canyon Windpower LLC

..Caprock Wind LLC

..Kumeyaay Wind LLC

..Jersey-Atlantic Wind LLC

..Wind Park Bear creek LLC

..Crescent Ridge LLC

..Argonnne Wind LLC


..Buena Vista Energy LLC

..Ecogen LLC and Ecogen Wind LLC ACE NY member. Also a member of AWEA.

..Cedar Creek Wind Energy LLC

..Cross-Sound Cable Company LLC

..Trans Bay Cable LLC

Green Nuclear Butterfly Under Corporate Surveillance?

One of the nice things about the Internet, is you can to some degree tell when others are snooping around your, the question is, who has ordered Reputrace to snoop around on the Green Nuclear Butterfly blog? Maybe we should hire them to track down the thugs that have been maligning us on line. If I were a betting man, guessing it's associated with the email I got from and employee of First Energy.

Some of the quotes from RepuTrace that should get your attention as activist.

"After locating discussion about a planned environmental protest (3 busloads of protesters) outside a company's location on an on-line chat room, the RepuTrace Team sent an urgent notification-along with the located link-to the company's Corporate Security Department days in advance. As a result, the company was well prepared and deployed uniformed guards in place to ensure all civilian traffic had access to their location and effectively managed the protesters."

"After an environmental activist posted information and a video from a recent demonstration outside a corporation's head office on the Internet, a potentially dangerous comment was posted. The reply disclosed the residential addresses to the entire Board of Directors leaving them and their families open and susceptible to being the target of an act of violence by other like minded extremists." Oh my God, those extremists might have picketed in front of one of the Board of Directors homes! Can't have that social embarrassment now, can we?

This second one amuses me...I reported to both the NRC, and Entergy that an extremist from their side of the equation was outing my personal information, such as home address, where my wife worked, and they shrugged it off. However, if one of their executive's information that is found online gets published, it is a different set of standards?

Update: Seems many within the blogging community are not thrilled at RepuTrace's snooping.

Thursday, May 10, 2007
Victims Of RepuTrace Stalking Unite (CoreX)

Recently, I became aware of a sinister corporate beast slithering through the bloggosphere as various bloggers and their words came under the scrutiny of the RepuTrace! In the coming days and months as this blog is discovered, let the victims of RepuTrace's vile and sinister stalking of bloggers be brought into the light of day as we share our stories of how this blight appeared on our blogs. A visit to their site paints a disturbing picture of a company, and a software meant to stalk and silence our voices one blogger at a time, one environmental activist at a time.

So, The Threat Of A Nuclear Incident Is Small-Documents You Should Browse/Read

The NRC wants to rubber stamp the license renewal application of Entergy's failing twin reactors known as Indian Point 2 and 3. To accomplish this, they are trying to take security concerns off the table in direct violation of NEPA regulations. To force their hand is going to take a monumental legal battle, and that is going to take financing...that financing is going too require the public getting involved in this fight, and donating to the cause, helping to fund a fight that is likely to end up at the Supreme Court. To refute Entergy and the NRC's assertions that we are safe, and that the likelihood of a terrorist attack on a reactor is slim, I've taken time today to collect a series of links to government documents found on other than NRC agency web pages that paint a very different picture. It is my sincere hope that providing this list will help in awakening the public in and around Indian Point up to the true risks we are faced with, wake people up to the fact that we cannot allow the NRC to grant Entergy a 20 year license renewal for this aging brittled reactors.
Major event at or near a nuclear facility (such as an airplane crash into a nuclear power plant or spent nuclear fuel pool) – Significant amounts of radioactive material have been released. There
are dozens of injured people at the facility, many experiencing symptoms related to acute radiation syndrome, and thousands of contaminated or exposed people in the surrounding area who have an increased probability of long-term health effects. Page is NOT THERE.
"This is the Bible that the Nuclear Regulatory Commission, the Environmental Protection Agency and others use." --Thomas Cochran, Natural Resource Defense Council, New York Times, December 20, 1989
Emergency Preparedness and Response Good planning leads to good response. Our emergency preparedness programs enable emergency personnel to rapidly identify, evaluate, and react to a wide spectrum of emergencies, including those arising from terrorism or natural events such as hurricanes. Our incident response program integrates the overall NRC capabilities for the response and recovery of radiological incidents and emergencies involving facilities and materials regulated by the NRC or an Agreement State. Under the National Response Plan, the NRC will coordinate with other Federal, State, and local emergency organizations in response to various types of domestic events. The NRC emphasizes the integration of safety, security, and emergency preparedness as the basis for the NRC’s primary mission of protecting public health and safety. Our review of the emergency preparedness programs reaffirmed that our emergency planning bases remain valid under the current threat environment. The NRC's Office of Nuclear Security and Incident Response (NSIR) has the primary responsibility for these essential agency functions. For more information Contact Us.

NUCLEAR POWER PLANT ATTACK This is a radiological threat that does not involve a nuclear blast. Terrorists could attack a nuclear power plant by using explosives, hacking into the computer system, or crashing a plane into the reactor or other structures on site. Security measures are in place so that such attempts are likely to be detected early.

Monday, May 7, 2007

NRC's GREAT WHITE LIE-We Are Safe From A Nuclear Incident

Will this man from DOE save your life, or let you die?
Indian Point, Entergy, Patrick Moore (traitor to Greenpeace), Christine Todd Whitman, CASEnergy, the nuclear industry, their lobbying arm NEI and the NRC are spending millions in public relations dollars to convince us that a Nuclear Renaissance if the way to solve Global Warming, and as a part of that great lie, they routinely tell us that we are safe. No IMMEDIATE danger, the odds of a terrorist attack, and/or a significant nuclear incident at a nuclear reactor site are so low as to make it hardly worth the risk of consideration. It's a nice little WHITE LIE told by people living in nice little homes far away from said aging and brittling reactors as they try to do what is best for big business, rather than do what is necessary to protect human health and the environment...either for money, or stupidity, it seems that even the wind industry (AWEA, ACE NY) has bought into this lie, and is prepared to sell their soul for a few pieces of silver and some S&H Green Stamps. The problem is, it is a lie, and the NRC knows it.

If as the NEI and the NRC would have us believe, nuclear reactors are so safe from attack, why is our government spending billions in protecting against an attack, and preparing our emergency responders for the worst? I'd encourage all of your to spend some time browsing the DOE's Oak Ridge Institutes REAC/TS site. If you spend a bit of time there, you'll find some rather disturbing information that should make you think three or four times about the safety of reactor sites.

REAC/TS opening statement of purpose got my attention right away:

The REAC/TS mission for DOE is two-fold:

Provide 24/7 availability to deploy and provide emergency medical services at incidents involving radiation anywhere in the world.

Provide advice and consultation on radiation emergency medicine from its Oak Ridge, Tenn., headquarters or at the scene of an incident.


REAC/TS is identified in Section 501 of the Homeland Security Act of 2002 as a response organization and member of DOE's Nuclear Incident Response Team.

REAC/TS is identified in DOE Order 5530 as the organization that provides medical assistance to DOE's Accident Response Group and the Federal Radiological Monitoring and Assessment Center (FRMAC).

This does not sound like a group who thinks the likelihood of an attack and/or nuclear incident is slim to none. Instead, it sounds like they think there is a very good chance of such and event. It describes its response teams as follows:

REAC/TS maintains specialized response teams to ensure our readiness to respond. Each team consists of a physician, nurse/paramedic, and a health physicist—all cross-trained in the details of managing a radiation emergency.

They finish off their introduction with a very alarming note that their teams were deployed immediately after 9/11 so they were ready to deal with further attacks that might involve nuclear materials. If as the NRC states,the likelihood of a terrorist attack is so small, then why did DOE immediately deploy these teams to New York, and other areas of the nation?

REAC/TS was also immediately deployed following the Sept. 11, 2001, terrorist attacks on the United States as part of DOE's Consequence Management Response Team. The team stood ready to respond in the event that additional terrorist acts immediately following Sept. 11 involving nuclear materials.

Once you have read through this introduction, suggest you spend some time reading the Hospital Triage in the First 24 Hours After a Nuclear or Radiological Disaster pdf file. This document is NOT for the faint of heart. From the get go, REAC/TS dispels the nuclear industry claim that a nuclear event and/or incident is unlikely with this statement:

Sadly, today’s international environment is such that the real possibility exists that emergency department personnel might have to deal with not just one or two victims of a radiation accident, but overwhelming numbers injured in a malevolent act. Table 1 provides information about types of catastrophes involving radiological or nuclear materials.

...If radioactive atoms enter cells, they are said to be “incorporated.” As long as radioactive materials are on or in a person, the person is being irradiated. Contamination does not cause symptoms, unless the contaminants are corrosive, toxic, or thermally hot. However, note that fission product fallout (i.e., from a nuclear weapon or nuclear reactor core damage) should be brushed off the skin and clothing as soon as possible, since it can be highly radioactive. Caregivers should use strict isolation precautions (including wearing cap, mask, gown, shoe covers, and double gloves) when handling contaminated victims, and gloves should be changed frequently to avoid cross contamination.

Further, this document lays bare the NRC lie that the aftermath of such and event would be a nice neat and orderly evacuation plan. Instead, this document paints a picture of chaos,death, and some of us being left unattended medically, sentencing us to a slow agonizing death of cancer. Here are a few high lights:

1. Except for victims of serious trauma, decontamination can be
accomplished prior to admission to hospital emergency care. Uninjured individuals do
not require hospitalization unless they are vomiting, have diarrhea, or have conventional reasons for seeking emergency care.

2. During
the first 24 hours, those who are not injured (but are suspected of being internally
contaminated) should be advised to seek assistance from public health authorities. Public health authorities may recommend excreta collection and/or lung or whole body counts.

3. Request extra security for the emergency department. Be aware that a terrorist could be among the victims. Request police assistance for traffic and crowd control, assistance with gathering evidence, etc.

4. Patients who are incapacitated because of vomiting, diarrhea or shock might be
contaminated on arrival at the hospital. Removal of clothing and decontamination should be accomplished at the earliest opportunity.

5. If there is a history of loss of consciousness or evidence of cerebral edema or other CNS abnormality not due to physical trauma or stress, with a history of early vomiting (within minutes) and diarrhea, the victim’s dose is likely greater than 15 Gray. Long term survival is unlikely, since multiorgan failure will ensue.

6. Radiation does not cause immediate life-threatening problems. Serious injury
takes priority over concerns about contamination. (So what if being left untreated sentences you to a slow death from cancer.)

7. Trauma or burn victims in serious or critical condition after initial stabilization, who have also been determined to be significantly irradiated (based on accident history, history of early vomiting, diarrhea, early elevated temperature, erythema, elevated serum amylase in first 24 hours)should be given palliative/compassionate care. (In short, you are DEAD, and will not even get a chance to say goodbye to your family.)

8. However, with the real threat of nuclear/radiological terrorism, an emergency department staff may be overwhelmed by individuals requiring or seeking medical attention after a malevolent act.

Now, how vital,safe and secure do you really think Entergy's failing reactors are? How secure in Indian Point's evacuation plan are you now. Remember, the hardest hit in a nuclear reactor incident and/or terrorist attack will be A) the disabled,B) your CHILDREN, and C) the elderly (Grandma and Grandpa). Ask yourselves, "Do you really want to risk another 20 years of Indian Point?" If not, you have to plug in,have to join the growing number of activists that will do whatever it takes to shut this plant down.

Breaking News...NRC Has Accepted GNB's Petition For Rule Making

Indian Point Has Great Security.....Ask Barney
As some of you who co-signed on too it remember, a few weeks ago Green Nuclear Butterfly filed with the NRC a Petition for Rule Making. We received first class mail today verification that said petition has been docketed in as a PRM, and assigned Docket Number PRM-50-86. If you are wanting to track the documents progress, or know when it will be released into the Federal Registry for public comment, you can contact Michael T. Lesar at 301-415-7163 or email at You can also contact Betty K. Golden at 301-415-6863 or email her at to keep yourself up to date.

In other news from the NRC, we received a letter from Chairman Klein's off stating they are in receipt of our letter, and will be in touch shortly. Wonder if they are aware that said letter was elevated to a second Petition For Rule Making this past Friday afternoon.
As we have begun reading through Entergy's License Renewal Application, we have found some areas of concern that will be addressed with the NRC in other Petition for Rule Making to be filed once the NRC has finished their preliminary review of the document, and we have had a chance to seek some legal clarifications from the NRC.
Now we just need to hear back on where our formally filed allegations regarding the DBT are at.

The NRC's system is there for us to use to the best advantage of the stakeholder community, and the time has come to use it's to its fullest extent in slowing down the nuclear renaissance juggernaut, so start sending in paperwork folks. We here at GNB will begin shortly posting small segments of Entergy's Application for License Renewal to our blog with our own comments in bold. We will be encouraging our readers to add to the mix by sending us email comments to be added to our own...the company's document is almost 3,000 pages in length...we want to get enough people involved to see that page count PALE IN COMPARISON TO OUR OWN.

Sunday, May 6, 2007

Reflections In The Nuclear Mirror

This past Friday morning I went in to see my surgeon, and get the cast I've been sporting taken off. For those who have seen me this month you have seen the words on my cast of, "Nukes, Just Say No." My surgeon's nurse had not seen that message until I went into the office on Friday, and when she viewed it, our relationship was changed forever...she lives in Buchanan, grew up there her entire life, sees Indian Point under its various owners as a good thing for her, for her family, and her small Buchanan community, and does not believe anyone but Buchanan should have a say in what happens with Entergy's attempt to re-license the aging facilities/reactors on the site.

I was there to have my cast off, there for medical treatment, but instead found myself confronted by this nurse with whom I'd always had a pleasant relationship. People in Buchanan would have to sell their homes if Indian Point were to be closed down, as many families could not afford the raise in property taxes that would occur if the reactors were closed. People, her friends and family would lose their good paying jobs, could lose the comfortable life they have carved out for themselves. I countered with the elevated cancer risks, she said, "So what, we are all going to die some day anyway." it's hard to argue with that kind of logic.

She did not want to hear about the leaks, cared not one bit about the strontium 90 and the tritium leaking into the Hudson River. Tried to discuss core degradation, and again was all but shouted down by a once pleasant nurse charged with tending to at least part of my medical care.
If Indian Point's dangerous reactors are decommissioned, I am sure that some will lose their jobs, sure there will be a difficult period of adjustment for some, especially in Buchanan, who at least financially has benefited from having Indian Point's tax base in their small community, picking up their tab, keeping their property taxes low in comparison to the other communities surrounding them. The problem is, it is not fair for Buchanan, nor the 1200-1500 people who work at Energy's Indian Point to ask the larger community around the plant to risk everything to protect them, and their financial gravy train. Cancer rates in and around Indian Point (both Westchester and Rockland counties) when compared to the national averages are short, people have died because Indian Point operates in our community, and more will continue to do so as long as the plant continues to do so. Those lost jobs, and increased property taxes in a small community pale to a point of insignificance when compared to that stark reality.
Entergy, its employees, and all those in the pro-nuclear community attack those of us on the other side as fear mongers, and far worse. They attack us, both in 3D real life, and out on the world wide web as pariahs, and societal misfits who need to be locked away. Talk about character assassination at its finest. What's odd, is that this person or persons who are attacking me have put up dozens of these blogs, even stooped to stealing the GNB (Green Nuclear Branding) in an attempt to keep traffic down on this blog, to discourage people from our message. As the expression goes, thou doth protest to much. If there were not some, even a lot of truth in the Green Nuclear Butterfly's word, no one would be working so hard to assassinate the character of it's publisher, no one would work so diligently at trying to silence my voice.
The pro-nuclear side accuses us of a stubborn refusal to discuss the facts...attacking someones character, telling half truths, and going after their families...what does the nuclear industry call that, how do they justify such tactics from those working for them? The end justifies the end, do whatever it takes to silence the voice of the anti Indian Point side for the supposed greater good of re-licensing? What is next for the publisher of these hate blogs aimed squarely in my direction? Rocks thrown through the front window of my home, or perhaps a blazing burning cross?

The problem for Entergy and its condoned hate mongers, is that I am not the only voice crying out in the wilderness, not the only person drawing attention to these problem plagued, aging and brittling reactors that are contaminating the Hudson River. Further, I am not going any where, not intending on fading into the woodwork on this important issue. with each passing day, with each new problem with these aging reactors the voices calling for closure of the plants grows and multiplies. With each passing day, we get closer to that tipping point where the citizens say enough, and the public out cry becomes so loud that the NRC will have no choice but to do the right thing, and deny Entergy's application for license renewal.

Outside Magazine Names Spitzer Green All Star-More Like The Great Pretender

So, Outside Magazine wants us to believe our governor is Mr. Green Super Star, and touts some of his BATTLES! What they are failing to tell you,is that Spitzer is the eunuch with no balls when it comes to taking on Entergy and the failing Indian Point nuclear reactors that are ruining the Hudson River, leaking strontium 90 and tritium into our ground water. That apparently is fine by him as he plays games with the general public, three card Monty at its best as he pretends to want the facilities closed, but does everything in his power to keep them open. Where are the state of New York lawsuits against Indian Point, where is the executive order from the governor demanding and ISA, or better yet, closing them down...maybe Spitzer should spend more time governing, and keeping his campaign promises,and less time suckling at Entergy's Campaign trough.

Governor of New York
Spitzer, 47, won a whopping 69 percent of the vote last November, thanks in large part to his reputation as a fearless attorney general who's gone after sloppy power plants and noxious chemical factories that have failed to curb pollution. Here are some of his prizefights, past and present:

1. In 2000, Spitzer helped force coal-burning Virginia Electric Power Company to cut by about 70 percent its production of sulfur dioxide and nitrogen oxide—infamous toxins that float hundreds of miles north and cause acid rain. The utility also coughed up a staggering $1.2 billion in fines and pollution control.

2. In 2003, Spitzer busted Dow AgroSciences for claiming its pesticide line Dursban was safe, despite repeated warnings from the EPA that an ingredient, chlorpyrifos, caused brain defects in kids. Spitzer sued Dow, which was dinged with a $2 million fine, at the time the largest for such a crime in U.S. history.

3. Last June, Spitzer joined a coalition of 15 other state governments to go after the EPA itself—for at least the third time. The goal was to stop electric companies from producing the 48 tons of mercury that poison waterways and fish and sicken up to 600,000 children each year. The suit is still pending, but given Spitzer's record, the EPA has reason to be nervous.
—Tim Neville