June 11, 2015: 2.206 Petition – Emergency Planning (PDF)
Above, the latest NRC ongoing denial of 2.206 citizens’ petitions for public safety. Pilgrim Watch, Cape Downwinders, and the Duxbury Nuclear Advisory Committee filed this petition last year after Pilgrim scrammed during winter storm Juno due to the known faulty switchyard and then experienced multiple back up failures. (The Union of Concerned Scientists labeled this scram as ‘a near miss’.) The NRC claimed that both FEMA and MEMA ensured an evacuation in the 10 mile EPZ could have been successful even though Gov. Baker had declared a state of emergency and banned traffic. The NRC stated the local emergency directors agreed an evacuation was possible but that was not true. Fire Chief and Emergency Director Kevin Nord of Duxbury stated he did not make that assessment and could not have evacuated his town. Thus our petition.
This new information will be forwarded to House Ways and Means to support H. 2167 and Public Safety to support H. 2031 as the NRC, FEMA, and MEMA are culpable in their neglect of public safety. We are also considering further action on this rejection. – Diane Turco
As Mary Lampert points out:
NRC Not Granting Substantive Relief
Judge Rosenthal of the ASLB accurately said based on staff review of 2.206 petitions for the previous 37 years that, with one possible exception, the NRC had not granted a section 2.206 petitioner the substantive relief it sought for at least 37 years. Judge Rosenthal concluded that, “where truly substantive relief is being sought (i.e., some affirmative administrative action taken with respect to the licensee or license), there should be no room for a belief on the requester’s part that the pursuit of such a course is either being encouraged by Commission officialdom or has a fair chance of success.” (Memorandum And Order (Denying Petitions for Hearing), LBP-12-14, July 10, 2012, Additional Comments of Judge Rosenthal (See NRC’s EHD Docket EA-12-05-/12-051)