CRAFT Contentions on Fermi 2

Below is the text from CRAFT’s legal argument on the subject of Fermi 2. The entire formal document (pdf) can be downloaded by clicking on this link.


Now comes Citizens’ Resistance at Fermi 2 (CRAFT) to reply to both NRC Staff and DTE filings against reopening the hearing and submitting a new contention regarding the proposed 20-year license extension for the aged Fermi 2 nuclear reactor. For the reasons set forth below, the Secretary of the Commission acted within its sound discretion when it halted the issuance of the 20-year license extension to DTE Electric Company, a subsidiary of DTE Energy, and should therefore allow the ALSB Hearing to be reopened and admit our new contention. CRAFT concurs with appreciation the Acting Secretary of the Commission for recognizing the legality of our Motion to Reopen the Hearing and present a new contention. NRC Staff filing continues to focus on the shortcoming of filing done by average citizens instead of a lawyer, and yet they fail to read the content while they focus on form. “CRAFT’s Motion to Reopen should also be denied because it is untimely and does not raise an exceptionally grave environmental issue.” (page 10, 1stparagraph) We believe that not protecting citizens to the fullest extend is a grave environmental issue. Continue reading “CRAFT Contentions on Fermi 2”

Seeking a Day in Court

                                              FOR IMMEDIATE RELEASE:
                                          TUESDAY, NOVEMBER 22, 2016
Keith Gunter, Co-Chair, ATHF3 / (734) 838-8084 or
Carol Izant, Co-Chair, ATHF3 / (248) 930-3173 or
Detroit, MI —  The Alliance To Halt Fermi-3 (ATHF3) applauds its ally, Citizens’ Resistance At Fermi-Two (CRAFT), for filing a Motion to Re-open the federal legal proceedings against DTE Electric Company’s Fermi-2 License Renewal Application (LRA).  On Monday, November 21, 2016 CRAFT submitted a new contention to the U.S. Nuclear Regulatory Commission (NRC) pertaining to the concerns of the Alliance’s “Got KI?” campaign.

Continue reading “Seeking a Day in Court”

No Confidence in Spent Fuel Storage

NRC’s current regulatory guidance concedes that “data is not currently available” supporting the safe transportation of high burn spent nuclear fuel.

Bulletin of the Atomic Scientists recently published a complex article outlining some reasons current plans for storing spent nuclear fuel are flawed and dangerous. We’ve outlined the gist of the argument here, but for more details and references, you’ll need to read the original article. Continue reading “No Confidence in Spent Fuel Storage”

Walk With Us July 31

It’s a busy time, with lots of events calling for our attention; political conventions, police shootings, shootings of police, airport bombings, coup attempts, and a seemingly endless list of similar events. These are all important events, not silly distractions like Pokemon Go. Especially to people directly involved, each one can seem like the most important thing in the world, deserving all our attention right here and right now.

It’s not easy to remember, in the midst of all the flashing lights and sirens, to pay attention to long-term issues that are not yet so immediate. Even so, that’s what we are doing with our “Got KI?” Campaign. That’s because there’s no plan or schedule for a nuclear reactor meltdown. Nobody wants it to happen. Many steps are taken to prevent it happening.  And yet it does happen. Continue reading “Walk With Us July 31”

At Risk Nuclear Plants

Fermi 2

Nuclear Plants at Risk For Closure

This is a worthwhile article from UBS. They say:

A spate of planned nuclear closures, pushed by cheap gas and market structures that don’t reward carbon-free power, will likely continue, according to UBS. But while plants under long-term contracts may have more revenue stability, market pressures will continue to force them offline as customers search for cheaper alternatives.



ATHF3 2015 Annual Report

(Originally published April 16, 2016 on

As the Alliance To Halt Fermi-3 (ATHF3) enters its fifth year in 2016, we look back to 2015 as a significant and pivotal time for our organization. Continue reading “ATHF3 2015 Annual Report”

Nuke Notes

(Originally published January 5, 2016 on

January 1, 2016

The Fermi update:

Fermi 3:
On 5-1-15, the Nuclear Regulatory Commission (NRC) approved a license for DTE Energy to build and operate a new nuclear reactor, Fermi 3. Held off for 4.8 years by several organizations’ efforts, resistance continues to the building of Fermi 3. Submissions by a long list of organizations and individuals to the NRC opposing Fermi 3 can be viewed at .

Fermi 2:
The nuclear reactor, Fermi 2’s original 40-year operating license expires in 2025. DTE Energy has applied to the NRC for a 20-year extension of this license. As part of the process of reviewing that application, two Environmental Impact Statements, Supplemental (SEIS) and Generic (GEIS) were produced by the NRC and made available for public comment. The Board of Directors of The Alliance to Halt Fermi 3 (ATHF3) submitted comments on August 29, 2014 and on December 28, 2015. The first can be viewed at . and the second at Here too, most if not all of the organizations and individuals listed in the above link to Beyond Nuclear, opposing Fermi 3 are active opposing Fermi 2 being given another 20 years to produce morbidity. Hence, there are many more submissions opposing Fermi 2 license extension, in addition to the 2 from ATHF3. Organizational submissions involve individual members’ writing comment on separate parts of the EIS and reactor issues and the organizations editors putting it together in a single document.

Issues addressed in the August 29, 2014 ATHF3 submission opposing Fermi 2 relicense:

  1. The GE Mark 1 Boiling Water Reactor (BWR), of which Fermi 2 is one example, has serious design flaws which give a high probability of catastrophic failure.
  2. Actual demand for electricity in Michigan has declined, not grown, since 2007. Michigan does not need electricity from Fermi 2 or from the proposed Fermi 3 reactor.
  3. Emergency planning for regional evacuation is completely inadequate. A 50-mile evacuation zone should be the basis of planning, as evidenced by NRC evaluation of the Fukushima disaster.
  4. Fermi 2’s effects on public health have been demonstrably and significantly negative. Cancer rates, cancer deaths and mortality from other illnesses have increased in regions around nuclear reactors generally and in the region around Fermi 2 specifically.
  5. Thermal discharges from Fermi 2 into Lake Erie have contributed to creation of public health emergencies with municipal drinking water. Lake Erie’s shallow western basin has proven much less able to handle thermal discharges than was anticipated when Fermi 2 was initially approved.
  6. Radiation protection standards by which Fermi 2 has been evaluated are in fact inadequate to protect children.
  7. The severe accident analysis for Fermi 2’s spent fuel pool is simply wrong. Potential accidents originating from the spent fuel pool actually have severe consequences. This is one of the design flaws of GE Mark 1 BWRs.
  8. There are numerous endangered species in and near to the Fermi 2 site, for which no analysis of the effects of Fermi 2’s operation has been done.
  9. The lessons of the Fukushima nuclear disaster (according to the NRC task force on this issue) have not been applied to Fermi 2, and there are no plans to apply those lessons.
  10. Numerous Native American/First Nations communities have treaty rights affected by the continued operation of Fermi 2, but the effects of Fermi 2 on these communities has not been evaluated and the legal standing of some of these communities is not recognized by the NRC.

Issues addressed in the December 28, 2015 ATHF3 submission opposing Fermi 2 relicense:

  1. Uranium mining and processing.
  2. High-Level Radioactive Waste (HLRW) impacts during the period of extended operation.
  3. Public Health impacts during the period of extended operation: Fermi 2 violates the most basic human right, the right to life.
  4. NRC’s Solar Alternative analysis fails the “hard look” test.
  5. NRC omits a “hard look” at the future demand for electricity.
  6. NRC’s Energy Efficiency Alternative analysis fails the “hard look” test.
  7. Environmental Justice impacts on Monroe County residents.
  8. Refurbishments: recent onsite events require a “hard look” (degraded equipment).
  9. License Renewal impact on Fermi 2 decommissioning.
  10. Fukushima Lessons not Learned, not implemented.
  11. NRC’s Alternatives analysis relies on misleading assumptions.
  12. NRC’s Severe Accident analysis relies on misleading assumptions (obsolete data in computer modeling).

The Potassium (KI) pill:

ATHF3, with cosponsors, Beyond Nuclear, Nuclear Information and Resource Service and Citizens Resistance at Fermi 2, has begun a project of going door to door to every household within a 10 mile radius of Fermi 2 to gather support and signatures for direct delivery of potassium iodide (KI) pills to every household and business within the 10 mile radius. The NRC recognizes the KI pill as part of emergency planning but leaves implementation up to the states with federal government covering cost. Only 5.3 % of those within a 10 mile radius of Fermi 2 have used a voucher to obtain the pill. This is in large part because the NRC and DTE Energy dismiss the risk as small and not needing mitigation.

Pregnant women and children are at the highest risk of thyroid cancer and other thyroid related illnesses from a release of radioactive iodine 131. If immediately informed of such a release and the pill is taken, it will block absorption of radioactive iodine 131 by the thyroid gland. Of course, KI does not protect against the impact of other radionuclides released. The American Thyroid Association recommends direct delivery of KI pills to everyone within 50 miles and stockpiling in hospitals, schools, police and fire stations out to 200 miles from nuclear reactors.

ATHF3 acts for a nuclear free world, as do people across the country on nuke issues, knowing full well that the NRC has never turned down a nuclear license application and that, on safety contentions, the U.S. Supreme Court (UAW law suit to stop Fermi 1) and an Appeals Court (State of Vermont vs Entergy) have deferred to the NRC and its predecessor, Atomic Energy Commission (AEC). The evidence is abundant that the NRC and the International Atomic Energy Agency (IAEA) are nuclear advocates not regulators protecting the public. Furthermore, the public has been successfully lied to resulting in a majority believing nuclear weapons are useable and provide security and that reactors are clean, safe and carbon free and are separate from nuclear weapons (“the good atom”).

Nonetheless, civil society organizations across the country have been at work resisting expansion of man made radionuclides exposure. When the NRC processes are exhausted, some of the organizations opposing Fermi 3 and Fermi 2 will be back in court. Similarly, the Oak Ridge Environmental Peace Alliance has indicated the prospect of going to court to compel compliance by the National Nuclear Security Agency (NNSA) and Department of Energy (DOE) to requirements of the National Environmental Policy Act. For 10 years, OREPA, and many of us, have opposed the NNSA plan to build a new Uranium Production Facility to expand the production capacity of new nuclear warheads by an additional 80 per year.

In 2012, four states Attorneys General and a number of civil society organizations successfully sued the NRC on the issue of “Waste Confidence” (someday there will be a solution to lethal withdrawn nuclear fuel rods) as the basis for all the decades of licensing reactors. The DC Appeals Court Ruled against the NRC, requiring suspension of licensing of reactors (lasted 2 years) and that an Environmental Impact Study (EIS) had to be done on the high level waste issue. The EIS was done and many organizations and individuals across the country did oral and written comment. We think the EIS on nuclear waste, produced by the NRC in response to the Court, does not comply with the court order and our litigants will be back in the DC Appeals Court again. If we are successful, licensing of reactors could be suspended again.

What’s missing, as the necessary complement to all of this, is millions of people saying no to nukes (weapons and reactors, two sides to the same coin) in a very public and persistent way. For those who take a hard look at the nuclear legacy, it becomes clear that humans are the only species that is fatally destroying its own nest and at an ever accelerating pace. The engaging and highly regarded physicist, Stephen Hawking has a remarkable way of pointing to the same reality: He states that the universe is about 15 billion years old. The Big Bang, an incomprehensible nuclear explosion, can be thought of as the beginning of the universe. It took 5 billion years before some life form could evolve. Then he states, “At the heart of an atom bomb explosion, man can create temperatures of some ten thousand million degrees. This is comparable to the temperature of the universe one second after the Big Bang.”

Vic Macks, Alliance to Halt Fermi 3,
Active on abolition of nuclear reactors and weapons and nuclear waste issues.
20318 Edmunton St.
St. Clair Shores, MI 48080-3748