Legalectric

T. Boone Pickens’ AWA Goodhue AVIAN AND BAT PROTECTION PLAN was to be on the Public Utilities Commission agenda on Thursday.  That’s too soon, they just dumped hundreds of pages of info on us, and on the reviewing agencies, week before last:

AWA Goodhue Fall Migration Study

Revised AWA Goodhue Avian and Bat Protection Plan

And here’s the primary documents that caused the ruckus — the ABPP plan from hell and agency comments on it:

AVIAN AND BAT PROTECTION PLAN

USFWS Comments on AWA Goodhue’s Avian and Bat Protection Plan

DNR Comments on AWA Goodhue Avian & Bat Protection Plan

Given the specificity and many pages of comments, it’d take a bit more than a week to analyze the Comments (WHICH WERE WITHHELD BY COMMERCE FOR A WEEK AND NOT FILED UNTIL JANUARY 19!) and determine whether AWA Goodhue had properly addressed them.

I was floored by their last minute filings, and filed a Motion with the PUC to take it off the agenda:

Goodhue Wind Truth Motion for Extension

And not too long after, day or two, the PUC did indeed pull it off the agenda and didn’t reschedule:

PUC Notice of Withdrawal of Agenda Item

And now for the bad news today… the Appellate Court has tossed out the Goodhue Wind Truth appeal on a jurisdictional issue, that the Petition for Writ wasn’t served by personal service or Certified Mail.  This sucks in a big way…

Order to Dismiss Goodhue Wind Truth Appeal of AWA Goodhue Certificate of Need and Site Permit

It’s based on a Supreme Court decision in 2009, when the rules changed, or rather, interpretation of the rules, making service as specified under the Administrative Procedure Act a jurisdictional issue — if a Petition for Writ is not served personally or by Certified Mail, the Appellate Court does not have jurisdiction to hear the case.

In the Matter of the Risk Level Determination of J.M.T.

D-I-S-M-I-S-S-E-D.

Solar Flare – Washington Post/AP

Thanks to Kelly Fuller for the heads up.  A 2.206 Petition has been filed about the unsafe conditions at the Ft. Calhoun and Cooper plant.  Note that the Petitions were from July, 2011, and it takes six months for it to rise up to the Federal Register.

Here it is:

[Federal Register Volume 77, Number 15 (Tuesday, 
January 24, 2012)]
[Notices]
[Page 3515]
From the Federal Register Online via the Government 
Printing Office [www.gpo.gov]
[FR Doc No: 2012-1370]

[[Page 3515]]
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-285, License No. DPR-40; Docket No. 50-298, 
License No. DPR-46; NRC-2012-0014]

Request for Action Against Omaha Public Power District 
and Nebraska Public Power District

    Notice is hereby given that by petitions dated 
June 26 and July 3, 2011, respectively, Thomas Saporito 
(the petitioner) has requested that the U.S. Nuclear 
Regulatory Commission (NRC or the Commission) take 
escalated enforcement actions against Omaha Public 
Power District, the licensee for Fort Calhoun Station, 
Unit 1 (FCS), and Nebraska Public Power District, the 
licensee for Cooper Nuclear Station (Cooper). The 
petitions dated June 26 and July 3, 2011, are publicly 
available in the NRC's Agencywide Documents Access and 
Management System (ADAMS) under Accession Nos. ML11182B029 
and ML11192A285, respectively.
    The petitioner has requested that the NRC take action
to suspend or revoke the NRC licenses granted for the 
operation of nuclear power reactors and issue a notice 
of violation with a proposed civil penalty against the 
collectively named and each singularly named licensee 
in this matter--in the amount of $500,000 for Fort 
Calhoun Station and $1,000,000 for Cooper. Additionally, 
the petitioner requested that the NRC issue confirmatory 
orders to prohibit restart at FCS and to bring Cooper to 
a ``cold shutdown'' mode of operation until such time as: 
(1) The floodwaters subside to an appreciable lower level 
or sea level; 
(2) the licensee upgrades its flood protection 
plan; 
(3) the licensee repairs and enhances its current flood 
protection berms; and 
(4) the licensee upgrades its station blackout procedures 
to meet a challenging extended loss of offsite power due 
to floodwaters and other natural disasters or terrorist attacks.
    As the basis for these requests, the petitioner stated 
that: 
(1) The licensees' installed flood protection measures 
and systems and barriers at FCS and Cooper are not 
sufficient to adequately protect the nuclear reactor from
a full-meltdown scenario like that currently unfolding in 
Japan; and 
(2) the licensees' station blackout procedures are not 
sufficient to meet a challenging extended loss of offsite 
power due to flood waters and other natural disasters or 
terrorist attacks.
    The requests are being treated pursuant to Title 10 
of the Code of Federal Regulations Section 2.206 of the 
Commission's regulations. The requests have been referred 
to the Director of the Office of Nuclear Reactor Regulation. 
As provided by Section 2.206, appropriate action will be 
taken on these petitions within a reasonable time. The 
petitioner requested an opportunity to address the Petition 
Review Board (PRB). The PRB held a recorded teleconference 
with the petitioner on August 29, 2011, during which the 
petitioner supplemented and clarified the petitions. The 
results of those discussions were considered in the PRB's 
determination regarding the petitioner's requests. As a 
result, the PRB acknowledged the petitioner's concerns 
regarding flood protection, including station blackout 
procedures, at FCS and Cooper. By letter dated January 13, 
2012 (ADAMS Accession No. ML120030022), the Director of the 
NRC's Office of Nuclear Reactor Regulation denied the 
petitioner's requests for immediate action. Additionally, 
the PRB noted that: 
(1) Natural disasters such as earthquakes and flooding, 
and 
(2) station blackout regulations are undergoing NRC 
review as part of the lessons learned from the Fukushima 
event. The PRB intends to use the results of the Fukushima 
review to inform its final decision on whether to implement 
the requested
actions.
    Copies of the petitions dated June 26 and July 3, 2011, 
are available for inspection at the NRC's Public Document 
Room (PDR), located at One White Flint North, Public File 
Area O1F21, 11555 Rockville Pike (first floor), Rockville, 
Maryland 20852. Publicly available documents created or 
received at the NRC are accessible electronically through 
ADAMS in the NRC Library at 
http://www.nrc.gov/reading-rm/adams.html. 
Persons who do not have access to ADAMS or who encounter 
problems in accessing the documents located in ADAMS 
should contact the NRC's PDR Reference staff by 
telephone at 1-(800) 397-4209 or (301) 415-4737, or by 
email to PDR.Resource@nrc.gov.

    Dated at Rockville, Maryland, this 13th day of January 2012.

    For the Nuclear Regulatory Commission.
Eric J. Leeds,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2012-1370 Filed 1-23-12; 8:45 am]
BILLING CODE 7590-01-P

Double trouble for AWA – taken in the AWA Goodhue wind project footprint:

to be clear, there are lots and lots of bald eagles here, and there are documented golden eagles too.  USFWS has said there are no permits available for golden eagles for this project.

ABPP – that’s Avian and Bat Protection Plan:

AVIAN AND BAT PROTECTION PLAN

AWA Goodhue Fall Migration Study

U.S. Fish and Wildlife and the Minnesota Dept. of Natural Resources have filed comments on the Avian and Bat Protection Plan.  These are MUST READ Comments!

USFWS Comments on ABPP

DNR Comments on ABPP

And here is the response to my Data Request to the Board of Animal Health asking for copies of AWA Complaints to Board of Animal Health about Eagle Baiting and the reports of their investigations showing no violations found, that there is no basis for enforcement action:

Response to Data Request – Board of Animal Health

In the AWA Goodhue wind project footprint, T. Boone Pickens is at it again – the helicopters are flying today:

Does that look like 200 feet??  Is it the same one from Brainerd Helicopter Service?

Here they are by the met tower, that’s 197 feet tall,  just enough to keep under the lighting requirement, and the helicopter is just above:

Clients got the call from sheriff and utilized their phone tree to spread the word that AWA Goodhue helicopters would be flying today, notice came in at 10:00 a.m. and helicopter sighted at 10:30 a.m.  Sheriff did a good job in notifying as soon as notice came in, but come on AWA, how about letting the landowners know reasonably ahead of time, report it when you book the helicopter???  It’s not that hard!

Here it is near a communications tower – the lights are out on that tower, somebody call maintenance!

Wednesday, January 18, a day of silence.

See ya Thursday!