From:                              New England Coalition on Nuclear Pollution <necnp@necnp.org>

Sent:                               Monday, April 18, 2011 2:23 PM

To:                                   'NEC Line 2'

Subject:                          RESPONSE TO ENTERGY CORP PREMPTION SUIT v. VT.

 

 


ONE RESPONSE TO ENTERGY CORPORATION’S 2011-04-18 PRESS CONFERENCE

ANNOUNCING ITS FEDERAL REEMPTION LAWSUIT AGAINST THE STATE OF VERMONT

PRESS CONF. and LAWSUIT AT WWW.ENTERGY.COM

By Raymond Shadis – Technical Issues Advisor to New England Coalition


207-882-7801     (CELL) 207-380-5994       NEC OFFICE 802-257-0336

 

  • Entergy took several hundred words to say to Vermont what Maine’s Governor could have taught them how to say in three.

 

  • Entergy went to lengths to describe the lengths to which the $14 billion corporation had gone to accommodate Vermont; including application, accompanied by the testimony of ten witnesses, for a certificate of public good (CPG) from the Vermont Public Service Board. What Entergy skipped was that two of those witnesses , were found guilty of giving false testimony and that Entergy VY was sanctioned  a result by the VPSB.  Those giving false testimony included Entergy’s lead witness, Jay Thayer, the senior corporate officer entrusted with pushing license extension through the State of Vermont.    The false testimony concerned the presence of underground piping that could carry radionuclides.

 

 

  • Entergy complained that Act 160 (requiring legislative approval) prior to the VPSB issuance of ANY decision on VY relicensing was not part of the original 2002 MOU.  I was present in the legislative meeting room when Entergy dropped all opposition to Act 160 - giving tacit approval to its affirmative vote out of committee and to passage. In surmise that at the time, Entergy was confident that the legislature would never vote VY a deal too good to refuse.

 

  • Entergy argued that ACT 160 moved the decision from a regulatory decision (by the VPSB) to a political one (by the legislature/politicians.  However the three member VPSB is comprised of political appointees (two lawyers and a retail merchant).  The Vermont Senate has within its membership comparable regulatory expertise and is appointed by the people.  Entergy’s regulatory decision /political decision distinction fails the straight-face test.

 

 

  • Entergy claimed that VY had “no” emissions.  Simply not true.  Tritiated water is an emission. The many radionuclides found in the soil are emissions.  Routine stack releases of radioactive isotopes of Xenon, Krypton, Iodine, and the rest are emissions, the discharge of toxic biocides, solvents, cleaning agents, rust-proofers, and other chemicals in discharge waters and cooling tower spray or drift are emissions.  AND the greenhouse gases emitting during refinement, enrichment, and manufacturing of the uranium fuel are prodigious; all in highly electric energy – intensive processes for the most part generated by high-sulfur coal-burning plants.  The deceptive thing about Vermont Yankee’s greenhouse and acid-rain emissions is that they unseen arrive on the wind and somewhat ahead of the trucks bringing in the nuclear fuel.  Lastly, although it is a small incremental addition, Vermont Yankee’s emergency diesel generators are test run annually; their importance dramatically illustrated at Fukashima in Japan.

 

  • Entergy claims that VY is reliable and points to two “breaker-to-breaker” runs (refueling to refueling without stopping) in the last several years. This claim would be worth something more if they could also claim that there were no significant equipment failures, human errors, or violations of state and federal regulation during this period (cooling tower collapse, transformer fire, insulator failure, feedwater piping leaks, condenser in-leakage, main steam isolation valve test failures, pump seal failures, control panel failures, stuck turbine stop valves, cooling tower header leaks, high pressure coolant injection system failures, torus in-leakage, security breaches, steam dryer cracking, tritium to groundwater leaks, and much more.)  A better definition of a reliable plant is one that can produce electricity without violating regulations and without ignoring equipment failures; such a plant might be more reliable because it shuts down occasionally to properly address such failures; not because it keeps pushing its luck to keep running despite them.

 

  • Entergy should drop the suit and cut its losses. Entergy would do well to consider that if VY has been only marginally profitable or not profitable over the last few years because of unanticipated maintenance costs and regulatory delays; the prospects for the proposed extended period of operation are realistically even more grim.   We will do our best to make this picture clear to Entergy.  Truly, the operative discussion should focus on the question of just how far apart are we on what course of action would best serve both Entergy shareholders and the State of Vermont.

 

  • New England Coalition’s Board of Trustees will be meeting Tuesday AM.  High on their agenda will be to decide on a legal or other response.  NEC legal counsel and consulting experts are preparing their recommendations to the NEC Board.

This announcement was sent to NEC Line 2 [necnp@necnp.org]  by New England Coalition (NEC). If you wish to update your mail address or to be removed from our private email list please email us at necnp@necnp.org  or  call us at 802-257-0336. Thank you.

 

NEC, organized and founded in 1971, is the region’s sole advocate for environmental and nuclear safety with intervenor status in the Entergy Vermont Yankee federal relicensing process, and is an intervenor in two open dockets before the Vermont Public Service Board Docket 7440 – Shall Entergy Nuclear Vermont Yankee receive a CPG for an additional years of operation and less widely reported Docket 7600 – opened as a result of Entergy’s misinformation in Docket 7440, re: underground pipes and groundwater contamination.

 

New England Coalition is a 501(c)(3) non-profit organization. All contributions are tax-deductible.  Donate at  necnp.org using PayPal or send a check to NEC, PO Box 545, Brattleboro , VT 05302

 

 

 


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