NRC Has MOU (Memorandum of Understanding) With Father Winter?

I know, weird question right? WRONG. Earlier this year I was on a rant, trying to force the NRC, and Westchester County to answer a simple question. If there is a significant fast moving event at Indian Point, and we are ordered to "Shelter In Place" in our homes in the middle of a snow storm with no heat, how long would we have before the effects of hypothermia start setting in. At the time it seemed like a simple enough question, but try getting and answer.

So, fast forward, and as Old Man Winter (Father Winter) settles in for a long cold snowy season, the issue started to dance again upon my mind. That's right, nine months after the fact, the NRC, FEMA and Westchester Emergency Management have refused to give us here at GNB a straight answer, but instead suggested we make sure to have extra blankets in our basement shelter area. I started doing some research, and found out a rather disturbing factoid if you well that I feel like sharing with our readers.

First, lets set the stage for everyone. There is a Nor'easter brewing, our local Channel 12 weather forecaster is warning us to stay inside and off the highways. The snow is already falling, and we are expected to get 15-18 inches of the white stuff! A few hours later, winds gusting to 70 MPH, snow drifts six feet tall in places, our cars BURIED, a reporter interrupts to bring us and important BREAKING NEWS STORY. There is an EMERGENCY at Indian Point, a LOCA (Loss of Coolant Accident).

Remember our Emergency Evacuation Plan? Seems there is some not very publicly advertised FINE PRINT that FEMA, DHS and the NRC would just as soon we as citizens not focus on:

The Emergency Evacuation time estimates do not cover severe winter storms, and the Nuclear Regulatory Commission recommends that the adverse weather time estimate tables clearly state: 1) that they do not include [1] the time necessary to clear roads; and 2) that the time to clear roads be added to the time necessary to clear all lanes of all roads, and safely evacuation the citizens.

Houston, we have a problem!

If you live close to a nuclear reactor, and want to say something like, "You have got to be f**king kidding me!" we here at GNB completely understand. Just last winter, one storm saw us not fully plowed out for two days! Sure if there was a significant NUCLEAR INCIDENT at Indian Point in the middle of a Nor'easter, that we could be trapped in our homes for a far longer period of time...however, even if we are not trapped in our homes, there is that small issue of shoveling our cars out during nuclear fallout.

OK, so evacuation is OUT, at least in the near term, so we pull out that Emergency Planning booklet and resort to plan B, sheltering in place. Follow along with me here:

1. Stay inside!
2. Make sure to CLOSE all windows and doors!
3. Turn off your heat, and shut all wood burning stove and fire place Flues!

HOUSTON, WE HAVE A HUGE PROBLEM.

It is the middle of FREAKING winter, we have maybe two feet of snow on the ground, no one is going anywhere, and now we HAVE NO HEAT? For those of you thinking you'll use the electric blanket, forget about it. There is a very good chance that we also will not have electricity if Indian Point blows.

So, no heat, no electric, huddled behind plastic sheeting duct taped over our basement windows, we stare at our battery powered radio, listening, hoping for any kind of news, and find ourselves asking the same question, "How long do we have before the effects of hypothermia set in?

PS...if we are snowed in, wondering how Entergy plans on getting their workers back to the plant from Dutchess County to help deal with the crisis. Maybe the NRC has and MOU with Father Winter.

File Your Own 2.206 Request On Emergency Siren Failure

We are encouraging citizens of Westchester, Rockland, Dutchess and Orange counties to hold Entergy accountable. You can file your own 2.206 Petition with the NRC by emailing chairman@nrc.gov stating the action you want. For your convenience we have copied below a sample that has just been sent this evening. Make sure you include your name, address and phone number for it to be considered legally filed. Make sure to CC your elected officials, and ask them to sign on, or file a similiar request on behalf of your community.

Dear Chairman's Office:

As allowed under 10 CFR 2.206, I am formally requesting immediate action from the Commission that would shut down both Indian Point 2 and 3 until such time as their emergency siren system with back up power has met ALL FEMA requirements, and passed all necessary tests required to be certified as and acceptable emergency notification siren system.

First, to put this formal request into perspective, we should review some history. On January 31, 2006, the NRC issued a Confirmatory Order Modifying License (Order) to Entergy Nuclear Operations, Inc. (Entergy or licensee) requiring the licensee to install backup power for the Indian Point siren system, as required by the Energy Policy Act of 2005, by January 30, 2007. Interestingly, perhaps to save money, to do the job on the cheap, Entergy chose a new system that FAILS to meet design basis.

On January 11, 2007, Entergy submitted a request to relax the Order, to extend the deadline to April 15, 2007. On January 23, 2007, the NRC approved Entergy's request after wrongfully finding that Entergy had made a good faith effort to comply with the Order and had demonstrated good cause to relax the Order. The NRC failed to explain how they came about deciding Entergy's good faith, but it is obvious that the community being forced to play host to this aging, dilapidated nuclear relic from days gone by disagreed then, and as it turned out, with good cause. ( I reference here the 2.206 petition of Thomas Gurdziel) It is no accident that there is now a law suit against the very company that our siren system comes from for a similar failure to perform issue at another nuclear reactor site.

On April 13, 2007, Entergy submitted a second request to relax the Order, to extend the deadline to August 31, 2007. On April 13, 2007, the NRC denied the relaxation request and stated that the NRC would consider action under the NRC's Enforcement Policy. On April 23, 2007, the NRC issued a Notice of Violation and
Proposed Imposition of Civil Penalty for $130,000 (EA 07-092) to Entergy because of its failure to meet the April 15, 2007, deadline.

The NRC acts as if this $130,000 fine was severe...we as a community disagreed, as each day the siren system is not in operation is another separate and unique violation. Further, that $130,000 fine represents less than ONE PERCENT of the actual cost of the new siren system. Despite the fine, Entergy was given another four months to have the system up and running. Where were 120 separate fines? On or about August 24th they conducted a test which FAILED MISERABLY. I immediately informed appropriate agencies of the government, including the NRC, and it is pointed out here, that the NRC has failed completely in getting back to me on the complaint I filed over a month ago, despite the fact that FEMA findings outlined in and eight page letter to Entergy validated my complaints about the shortcoming of the system.

This week in a Journal News article by Greg Clary dated September 25th, 2007 we have just learned that Entergy has requested a face to face meeting with FEMA to find out just what they need to do to GET THE SYSTEM RIGHT.

Indian Point seeks talks with FEMA on sirens

By GREG CLARY
THE JOURNAL NEWS

(Original publication: September 25, 2007)

BUCHANAN -Indian Point officials want a face-to-face meeting with the Federal Emergency Management Agency to make sure they know exactly what will satisfy regulators who so far have found the nuclear plant's new siren system "inadequate."

In a 12-page letter obtained by The Journal News, the company said it wants to go over in detail with FEMA officials the unresolved technical issues such as volume, sustainability of siren sound and overall system reliability.

Jim Steets, a spokesman for plant owner Entergy Nuclear, acknowledged yesterday that the in-depth, in-person discussions would further delay the new sirens' operation.

"It's impossible to know how long it will take us," Steets said. "We're committed to moving quickly, but only to FEMA's satisfaction."

We have heard Steets false promises before, have been promised a working functioning emergency siren system for quite sometime. Problem is, it has NOT BE DELIVERED, and the old system has a horrid track system of failures.

For citizens living within the shadow of Indian Point's Peak Fatality Zone, the Emergency Siren System is our first, and perhaps best chance of protecting our selves and our families in the event of a terrorist attack and/or significant radiological event at the Indian Point Entergy Center site. NRC's first response in considering these types of 2.206 petitions is to routinely dismiss them, to claim we have not raised a basis for relief. The twin towers that no longer grace our skyline are PROOF that terrorist can mount a successful attack on American infrastructure. The deplorable condition of the systems and components of Indian Point (leaks, spent fuel leaks, serious Boric Acid Corrosion (BAC) concerns with the reactor vessel head, as well as sleeping guards show there is a very real risk of a significant radiological event at the plant.

As is witnessed by FEMA's failure of the Entergy Emergency Alarm system in Auguest, coupled with Entergy's expressed desire to meet face to face with Entergy makes it apparent that our community's first line of defense, our early warning system if you will is not working adequately enough to protect us in the event of a significant radiological event. In short, we ARE AT RISK, and that risk can be greatly mitigated by placing both reactors into COLD SHUT DOWN until such time as the Emergency Siren system as is required by the NRC Confirmatory Order Modifying License (Order) to Entergy Nuclear Operations, Inc has been approved by, and signed off on by FEMA.

NRC's decision in August to simply take a hands off, wait for FEMA approach is unacceptable, and is placing human life at great risk should and emergency event occur at Indian Point. I am therefore implementing my legal right as a stakeholder to request formally that the Commission issue and order effective immediately that Entergy's IP2 LLC and IP3 reactors be placed into COLD SHUT DOWN until their Emergency Sirens are fully approved by FEMA and the NRC, and the system is operating within the 96 percent acceptable zone. Additionally, it is requested that the Commission use its vast discretionary powers to fine Entergy $130,000 per day from today, September 28th, 2007 forward until such time as they have complied with the NRC's Confirmatory Order. Almost eight months after the original due date for delivery of this alarm system, and we as a community are STILL AT RISK. Yet, during that time, Entergy has found time to file License Renewal Applications, file a formal request for license transfer for over half of their fleet, and rammed through a SIGNIFICANT license amendment.

Placing the reactors into Cold Shut Down until the siren system functions as required will significantly lower our community's risks, and the fines should be adequately incentive for Entergy to place their corporate priorities where they belong, which is taking care of Public Health and Safety as JOB ONE.

Respectfully Requested,


Sherwood Martinelli
FUSE USA

Peekskill, New York 10566

My name is Gary Shaw and I live less than six miles from Indian Point.

IF NRC CAN’T DEFINE STANDARDS, THEIR JUDGMENTS CAN’T BE VALIDATED

My name is Gary Shaw and I live less than six miles from Indian Point.

I work as a designer of marketing research projects and a data analyst, so I am very familiar with the use of benchmarks and action standards. I spend considerable energy to ensure that the metrics in my research that are used as the basis for business decisions are well defined and consistent with established protocols. That is one of the reasons that I am so concerned about the NRC’s evaluations of Indian Point and the relicensing process overall.

One of the terms that the NRC uses repeatedly is “reasonable assurance,” and this term is used in evaluations of a range of operations and systems, but is not at all clearly defined. A primary example of this is the agency’s approval of the Indian Point Emergency Evacuation plan after James Lee Witt issued a report that the plan was “inadequate to protect the public from an unacceptable dose of radiation,” On a Friday in July of 2003, FEMA, under the infamous Michael Brown, approved the Evacuation Plan and that judgment was quickly accepted by the NRC, saying the plan provided reasonable assurance that it would be effective. Ironically, on that very day, all the major roadways in Westchester were jammed through the entire day because of a single accident on the George Washington Bridge during the morning rush hour. I still wonder how the NRC defined “reasonable assurance” for that ridiculous judgment. When I think of that day I have a mental image of those traffic jams happening while Indian Point’s sirens wailed. That is, if the sirens were working that day.

Now the NRC is considering extending the operating licenses of Indian Point units 2 and 3 for twenty more years beyond their expirations in 2013 and 2015 respectively, and will cite reasonable assurance that the plants will remain safe and environmentally benign for that twenty year extension. We know that there are an undetermined number of leaks of radioactive elements into the environment and that the sources of those leaks remain uncertain. Consequently, there are no known plans to stop the leakage. Especially disturbing is that large sections of pipes are not accessible to inspection, and the only way for the NRC to evaluate whether those pipes have corroded or will remain viable for twenty more years is to dig test wells and declare that there is not currently a leak at that site at that time. And since Indian Point 1 has been non-operational for decades and that plant is leaking with no plan for stopping the leakage, wouldn’t the discovery of additional leaks at some point in the future simply mean that we have more uncorrectable problems?

If the NRC is not capable of stating how many linear feet of piping are inaccessible or how many thirty-five year old welds are inaccessible, and where each of them is located, how will they define “reasonable assurance” that those pipes and welds will be viable until the years 2033 and 2035? Since we already know that this is the only nuclear plant in the country leaking Strontium 90 and Cesium 137, wouldn’t that information would be important.

We also know that prior test wells found concentrations of contamination at many times the EPA level for drinking water, but since the leaks are not currently going into known drinking water sources, the NRC has dismissed them as non-hazardous. I would like to know what specific radiological readings would define an unacceptable level that is not going directly into a known drinking source.

In other words, if the NRC cannot provide a well defined set of metrics, how can they establish standards that must be met to warrant twenty additional years of operations for this aging and leaking facility. We have already seen the NRC’s idea of reasonable assurance. With the potential danger of radiological contamination, how can we accept this agency’s judgments if they cannot define their standards and prove the validity of their metrics?

Gary Shaw
Member of the Steering Committees of Croton Close Indian Point (CrotonCIP) and the Indian Point Safe Energy Coalition (IPSEC).

Two News Items...Cracked Japanese Reactor, Homer Simpson Protests

Nuclear Reactor on The Brink of Chernobyl in Japan after early morning earthquake...a bullet dodged...this time.

Two breaking news items to report here:

1. Japan has suddenly changed its tune, and has admitted the reactor shaken to its core in the western coastal city of Kashiwazaki, near Niigata, about 160 miles northwest of Tokyo is spewing forth radioactive contaminants into the Sea of Japan...the NRC has offered to SEND HELP. Like a freaking egg, a newer, yet still very fragile reactor core has BROKEN UDER PRESSURE, and here we sit in the Hudson Valley with not one, but two reactors built right on top of and earthquake fault line.

Nuclear scare after Japan quake

A strong earthquake in central Japan has damaged a large nuclear power plant causing a leak of radioactive material, officials at the plant have said.

2. Meanwhile, closer to home in New York city, seems some protests/street actions are shaping up in New York City for the opening next week of the new Simpson's movie...what better opportunity to bring attention to Indian Points failing reactors that are leaking strontium 90 and tritium into the Hudson River? The new Simpson movie, and the evacuation scene that plays a crucial part in the movie are a perfect back drop to use in bringing public attention to the very real fact that Entergy and the NRC's evacuation plan for Indian Point is a non workable piece of shit.

We are watching our news sources to bring you up to the minute information on Japan's radiation leaks...all we can do, is thank God that the epicenter of the earthquake was no closer than it was. Sadly, the NRC could care less about public safety, and will continue to rubber stamp license renewals in the name of a Nuclear Renaissance....after all, the citizens of Westchester County, and New York City are expendable in Entergy's eyes.

Thoughts After A Full Day at Clearwater Festival

It's 10:21 PM, Saturday June 16th, 2007 and I have just spent the entire day at the Clearwater Festival over in Croton on The Hudson as a volunteer. We accomplished, it is hoped, some wonderful things. Not sure for how long, but planning on being back there again tomorrow beating the pavement for more signatures.

Our Petition for Rule Making which will be filed with the NRC next week now has over 50 signatures on it...a good start, though had hoped for far more. Our location could have been a lot better, and in the lessons learned department, I should have opted for my own booth as the Green Nuclear Butterfly. We also had around 70 people who have an interest in being interveners sign up to attend and as yet to be announced informational meeting on what that will entail on their part. Being honest, I am afraid being and intervener is more work, and requires a lot more dedication and time than most can, or are willing to muster.

Met some delightfully wonderful people manning the table, including a very interesting person by the name of Paul, but more on that conversation in a later post as I am bushed. Congressman John Hall stopped by the booth to say hello...I was for the most part polite, but unless the air is cleared, I have some very serious reservations at this point where he is concerned. Think he means well, but he's not really a fighter, and we are not going to win this fight being mush balls. We need some testosterone in this movement if we are going to close Indian Point, need LOTS of people who are not afraid of some serious old school civil disobedience. Had two different people associated with Clearwater today tell me that my research abilities and passion for the fight are admired, but that quite a few people consider me a loose cannon...well, maybe we need a few more loose cannons.

One thing is really bothering me...waging a intervenor war with Entergy and the NRC, win, lose or draw is going to take money, and quite a bit of it. Unless you can back up your claims and allegations with experts, you, simply stated, are DEAD IN THE WATER. We have 21 Million people that live within 50 miles of Indian Point...if even 10 percent of them donated just ONE DOLLAR each, we would have a magnificent chance of giving the other side a serious run for their money...I have suggested a $1.00 donation campaign for the IPSEC committee working on a comprehensive Petition to Intervene, and I am also sharing that idea here, but with my own organizations name on the idea. If you are reading this, surely you can afford one dollar towards the legal and expert testimony costs involved in this fight? Surely you have friends that would toss in one dollar? Is one dollar to much to ask for, to much to give towards a battle that is our only hope to see Entergy's Indian Point reactors decommissioned? Riverkeeper sent out a letter to its faithful asking for a donation of $500 dollars...great if they can get the money, and use it effectively. Personally, I believe it is the average work-a-day citizens that can win this fight, our one dollar donations that can build a legal machine capable of taking on Goliath and winning the war...so how about it, if you are reading this, can you spare one dollar? Can you post this message to your groups, email it out to your friends?

INDIAN POINT BATTLE IS ON
AND WE NEED YOUR HELP!!
HELP CLOSE INDIAN POINT FOR $1

Background: Indian Point Nuclear Plant is located just 24-miles from New York City, 3 miles from West Point. It is the only nuclear plant in the country surrounded by 21 million people. There is no possible evacuation plan for the area. Indian Point is aging, corroding and leaking radioactive waste into the groundwater and the Hudson River.

Indian Point is also recognized to be one of the most attractive terrorist targets in the nation. (American flight 11 soared right by it minutes before smashing into the World Trade Center.)

Entergy, the owner/operator of Indian Point, now wants to squeeze every dollar of profit out of this aging plant and has filed an application to keep it operating 20 years beyond its expiration in 2013 for Indian Point 2 and 2015 for Indian Point 3. Instead of protecting the public health and safety, the NRC protects the profits of the nuclear industry.

CURRENT SITUATION: Green Nuclear Butterfly is a grassroots alliance that is working on legal grounds which could prevent the granting of new licenses for Indian Point’s two deteriorating and dangerous nuclear reactors. We need your help because we only have a small window to challenge the license application and we need to be able to pay for, office expenses, expert witnesses and legal fees.

PLEASE JUST DONATE $1 (or whatever you can give) to help us win this battle. Please memo your check "LEGAL FUND" and send it to Green Nuclear Butterfly c/o Sherwood Martinelli, 351 Dyckman Street, Peekskill, New York 10566.

Share this letter with/article with your friends and family, help us activate the populace. If every man, woman and child were to send us just one dollar, we have a real shot at successfully halting the relicensing of this facility.

Demand Closure of Indian Point Until Siren System Functions

As was predicted, Entergy is submitting a letter to the NRC asking again for more time to get the Siren System up and running. We need to call, write letters, fax and send email to the NRC opposing this request, and demanding the reactors be shut down until such time as the siren system has recieved its passing grade.

CONTACTS
Region I (Philadelphia):
610-337-5330
Diane Screnci, Neil A. Sheehan

Online Email Form

Entergy asks NRC for siren activation start up delay

http://www.midhudsonnews.com/News/IP_sirens-13Apr07.html

One of the new sirens
Buchanan – Entergy, the company that owns the Indian Point nuclear power plants in Buchanan, Friday will ask the U.S. Nuclear Regulatory Commission for an extension on the timetable it needs to have its new emergency warning siren system up and running.

It was supposed to be turned on this weekend in the 10-mile warning radius around the plants; however, the last of three test sounds Thursday ended with poor results including the failure of all of the sirens in Putnam County, said Entergy spokesman James Steets.

“It seems that we are having trouble with the radio communications aspects where the microwaves and transmission through the topography there just isn’t getting to a receiver and sorting out the data, which would then activate the sirens,” he said. “Our contractor is working diligently on that.”

Senator Hillary Clinton, meanwhile, said the failure of over 30 sirens is “extremely troubling.” She said the failures are “deeply alarming,” particularly in light of a fire and shutdown of the Indian Point Unit 3 facility last week.

As a result of the poor test results, Entergy will formally apply for an extension from the NRC on placing the new system into service. This is the second extension being sought. In January, Entergy sought and was granted an extension until April 15.

Steets said the work to resolve the problems could take two weeks; however, a specific timetable is unclear at this time.

The company said it will also address during the requested extension a concern raised by FEMA relating to the volume of the sirens.