Environmental coalition defends contentions against Fermi 3 proposed new reactor, challenges adequacy of NRC FEIS

Environmental coalition attorney Terry LodgeTerry Lodge (photo, left), Toledo-based attorney representing an environmental coalition opposing the proposed new Fermi 3 atomic reactor targeted at the Lake Erie shore in Monroe County, MI, has filed a reply to challenges from Detroit Edison (DTE) and the U.S. Nuclear Regulatory Commission (NRC) staff.

The coalition's reply re-asserted "no confidence" in DTE's ability to safely stored Class B and C "low-level" radioactive wastes on-site at Fermi 3 into the indefinite future, due to the lack of sure access to a disposal facility. it also again emphasized the lack of documented need for the 1,550 Megawatts of electricity Fermi 3 would generate. And the coalition alleged that NRC has failed to fulfill its federal responsibilities under the Endangered Species Act (ESA), the National Historic Preservation Act (NHPA), and National Environmental Policy Act (NEPA), as by the illegal "segmentation" of the needed transmission line corridor from the rest of the Fermi 3 reactor construction and operation proposal.

This legal filing follows by a week upon the submission of public comments about NRC's Fermi 3 Final Environmental Impact Statement (FEIS). The comments, commissioned by Don't Waste Michigan and prepared by Jessie Pauline Collins, were endorsed by a broad coalition of individuals and environmental groups, including Beyond Nuclear. The FEIS comments included satellite images of harmful algal blooms in Lake Erie in 2012, and in 2011 to 2012, attributable in significant part to thermal electric power plants such as Detroit Edison's Monroe (coal burning) Power Plant, at 3,300 Megawatts-electric the second largest coal burner in the U.S. Fermi 3's thermal discharge into Lake Erie will worsen this already very serious ecological problem.

In the very near future, the environmental coalition intervening against the Fermi 3 combined Construction and Operating License Application (COLA) will submit additional filings on its contentions challenging the lack of adequate quality assurance (QA) on the project, as well as its defense of the threatened Eastern Fox Snake and its critical wetlands habitat. The State of Michigan has stated that Fermi 3's construction would represent the largest impact on Great Lakes coastal wetlands in the history of state wetlands preservation law.