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kristopher

(29,798 posts)
Sat Dec 24, 2011, 03:25 PM Dec 2011

Federal panel supports NY Atty Gen on nuclear plant safety issues

Government press release copyright concerns nil.
Full statements at links.

Actual court filing:
http://www.ag.ny.gov/media_center/2011/mar/2011%2003%2028%20OAG%202-206%20petition%20re%20fire%20safety.pdf

December 22nd

FEDS SIDE WITH A.G. SCHNEIDERMAN ON INDIAN POINT, REJECT EFFORTS TO HAVE SEVERE ACCIDENT ANALYSIS IGNORED IN RELICENSING
Nuclear Regulatory Commission Upholds Landmark Ruling That Indian Point Cannot Be Relicensed Before Review Of Upgrades Completed
Latest Success In AG’s Work To Improve Nuclear Regulation & Enforcement



NEW YORK – Attorney General Eric T. Schneiderman today announced a significant federal ruling in ongoing efforts to improve Indian Point’s accident preparedness, and ensure the protection of public health and the environment of the surrounding region. The Nuclear Regulatory Commission (NRC) rejected a move by Entergy, Indian Point’s owner, to reverse a landmark Atomic Safety and Licensing Board decision ordering the completion of legally-required analyses of the facility's severe accident mitigation measures before it can be relicensed. Attorney General Schneiderman’s office won that ruling in July.

“It is a significant victory that the Nuclear Regulatory Commission firmly rejected an effort by Indian Point's owner to reverse a landmark federal ruling -- won by my office -- that the facility cannot be relicensed until legally-required analyses of its ability to control severe accidents are completed. Indian Point must follow regulations to protect the public and control the effects of a potentially severe nuclear accident,” said Attorney General Schneiderman. “While Entergy might prefer to treat severe accidents as impossibilities, the millions of people who live and work near Indian Point rightfully expect more. My office will continue to take every action necessary to ensure Indian Point complies with all applicable laws and regulations, and that the surrounding communities are protected.”

As part of the relicensing proceeding, nuclear power plants are required to identify the environmental impacts that could be caused by a severe accident and provide analyses of measures that facilities could take to protect the public if one were to occur. In its environmental review, Entergy identified numerous such measures at Indian Point Units 2 and 3, including flood protection and auxiliary power improvements.

In the context of Indian Point's relicensing, the Attorney General's office argued that the NRC has the obligation to require Entergy to complete analyses of cost-beneficial measures, or to require that the measures be adopted - consistent with NRC’s own regulations, as well as those of the National Environmental Policy Act, and the Administrative Procedure Act.

On July 15, the Atomic Safety and Licensing Board (ASLB) issued a decision, agreeing with Attorney General Schneiderman that Indian Point cannot be relicensed without completing the legally-required analyses of its severe accident mitigation measures. NRC must require Indian Point’s owner, Entergy, to either adopt cost-effective upgrades that would improve responses and control the impact of a severe accident, or provide a compelling reason why it will not do so.

Entergy appealed the ASLB's decision to the NRC and today's decision denies that appeal.

Attorney General Schneiderman has ...

http://www.ag.ny.gov/media_center/2011/dec/dec22b_11.html


Press Release from NY AttyGen office on original filing.
A.G. SCHNEIDERMAN FILES PETITION FORCING INDIAN POINT TO COMPLY WITH FEDERAL FIRE SAFETY REGULATIONS IT CONTINUES TO RESIST
Amid New Fire Safety Concerns, Indian Point Seeks to Dodge Federal Regulations Developed to Keep Nuclear Power Plants Secure in Fire Emergencies
Today’s Petition is Latest Action in A.G.’s Vigilance of Indian Point, Follows Lawsuit on Nuclear Waste Storage & Appeal to Study Seismic Risk


NEW YORK – Amid growing concerns that Indian Point has failed to meet federal safety requirements, Attorney General Eric T. Schneiderman today filed a petition with the federal Nuclear Regulatory Commission (NRC) urging it to take enforcement action against the plant for its failure to comply with fire safety regulations. Following his lawsuit last month pressing the NRC to study the safety impact of storing spent nuclear fuel on site, today’s action is the latest in a series the Attorney General has taken to promote comprehensive, transparent and vigilant reviews of the Buchanan plant before decisions are made on whether to extend its operating license for another 20 years.

In a petition filed today with the NRC, Schneiderman wrote that compliance with fire safety requirements was necessary to ensure that the facility would be able to safely shut down during and after an emergency. Indian Point is currently in violation of established fire safety regulations and in seeking more than 100 exemptions from those regulations, undermines the efforts to secure the reactors lying within a 50-mile radius of where more than 20 million people live, work and travel.

“In the wake of Japan’s crisis, our country’s nuclear facilities should be bolstering their safety measures, yet Indian Point is looking to weaken its precautionary measures,” Attorney General Schneiderman said. “It is absolutely essential for the Nuclear Regulatory Commission to compel the facility to comply with all fire safety measures – both to secure the plant’s emergency systems and ensure the safety of the tens of millions of people living in the region.

The petition Schneiderman filed today cites the NRC’s own fire safety concerns. In June 2008, the NRC reiterated that “fire can be a significant contributor to nuclear power plant risk.” In a follow-up memo, the NRC confirmed that fires account for “approximately one-half of the core damage risk at operating reactors.” These operational risks, coupled with those posed both by seismic and other security events, demand Indian Point’s proper and full compliance with the federal fire safety regulations of which the plant is now in clear violation.

The Attorney General is seeking enforcement on a number of fire safety code requirements from which Indian Point has sought exemption and is now violating. For example:
- The plant has not installed required fire detectors or fire suppression systems in various locations;
- It has not strengthened electrical cables to withstand fire damage for one- to three-hours, a regulation established to provide necessary plant security in the event of an emergency;
- Moreover, rather than installing automatic response systems, the plant would resort to employees to perform a series of complex manual actions, which the NRC has not authorized as a means of adequately protecting nuclear facilities in the event of a fire.

Earlier ...

http://www.ag.ny.gov/media_center/2011/mar/mar28a_11.html


Why isn't the NRC in the lead on this?

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Federal panel supports NY Atty Gen on nuclear plant safety issues (Original Post) kristopher Dec 2011 OP
k&r - Indian Point should be closed. nt bananas Dec 2011 #1
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