The coalition's Toledo-based attorney, Terry Lodge, filed a Petition for Review with the NRC Commissioners by their ordered deadline. The petition defends not only the contention's merit, but also its separation from the NRC Atomic Safety and Licensing Board (ASLB) panel's request to the Commissioners for permission to undertake a sua sponte review.
That is, the ASLB panel has requested permission to review, on its own initiative, the NRC staff's apparent violation of NEPA, by failing to undertake an Environmental Impact Statement review of the proposed new transmission corridor, which will past through forested wetlands, likely habitat to endangered and threatened species.
Detroit Edison (DTE) proposes to construct and operate a General Electric-Hitachi (GEH) so-called Economic Simplified Boiling Water Reactor (ESBWR) -- "Unit 3" -- at the Fermi nuclear power plant in Frenchtown Township, on the Lake Erie shore in southeast Michigan. The Fermi nuclear power plant is less than ten miles away from Ontario, Canada, directly across Lake Erie.
Fermi 3 would be located immediately adjacent to Fermi Unit 2, the world's single largest Fukushima Daiichi twin design (a GE Mark I BWR). Ironically enough, Fermi 3 would be build on the exact same spot where Fermi Unit 1, an experimental plutonium breeder reactor, suffered a partial core meltdown on Oct. 5, 1966, a near-catastrophe documented in John G. Fuller's book We Almost Lost Detroit (Reader's Digest Press, 1975).
The binational coalition intervening against Fermi 3's license includes Beyond Nuclear, Citizens for Alternatives to Chemical Contamination (CACC), Citizens Environment Alliance of Southwestern Ontario (CEA), Don't Waste Michigan, and the Sierra Club Michigan Chapter. The coalition initially filed its intervention in March 2009, and has submitted dozens of contentions since.