FOR IMMEDIATE RELEASE   May 13, 2003                            

For more information contact:

Gary Shaw   (212) 696 – 1000 (day)  (914) 271-4183 (evening)

Lisa Rainwater van Suntum (212) 544-0045

A MAN’S NAME IS ONLY AS GOOD AS HIS WORD –

GOVERNOR PATAKI:  THE TIME TO DUCK THE ISSUE HAS PASSED

In an Open Letter, the Indian Point Safe Energy Coalition (IPSEC) calls on Governor Pataki to protect the home-rule decisions of the state and the four counties within the 10-mile radius emergency planning zone by telling FEMA, the NRC, and Entergy to stop circumventing the counties’ determination that the evacuation plans cannot work.

New York: In an Open Letter to Governor Pataki, the Indian Point Safe Energy Coalition, comprised of 58 citizen, environmental, health, and public policy organizations, is calling upon the top and most influential New York state elected official to serve his constituents - and live up to his word.

While the Federal Emergency Management Agency (FEMA) and Entergy, the Louisiana-based owner/operator of the Indian Point Nuclear Power Plants, are scrambling to circumvent a decision reached by the four counties within the 10-mile radius emergency planning zone, and supported by the State Emergency Management Office, that the evacuation plans cannot protect nearly 300,000 residents in the event of a radiological release at Indian Point, Governor Pataki remains silent.  

While the Governor recently acknowledged flaws in the evacuation plans in a News 12 Westchester interview (“I refused to certify the emergency evacuation plans because we didn’t think they were adequate”), he has failed to effectively convey his concerns to FEMA.   

The Witt report, commissioned by Governor Pataki last summer and released in January 2003, compelled the counties to withhold their annual letters of certification due to the startling conclusion that the evacuation plans “are not adequate to overcome their combined weight and protect people from an unacceptable dose of radiation in the event of a release from Indian Point.”

Despite Witt’s impeccable credentials – former director of the Federal Emergency Management Agency – and the solid study he and his associates produced, New York taxpayers, who footed the bill for the nearly million dollar study, are still waiting to hear a clear response from Governor Pataki. 

A response from the Governor has become even more imperative, in light of a recent newspaper report that FEMA is considering invoking the “realism rule” to certify the emergency evacuation plan for Indian Point. 

IPSEC’s project coordinator, Lisa Rainwater van Suntum, PhD, states, “We need to see true leadership from the Governor.  While he does not have direct authority to close Indian Point, he does have the strongest and perhaps most credible voice in the state of New York.  Many voters put in him back in office in November primarily due to his outstanding leadership in providing for the needs of New Yorkers after 9/11.  We are calling on him to maintain this level of leadership in dealing with the most attractive terrorist target in the state of New York, if not the country.  He needs to stand up to the bureaucratic finagling of the Federal Agencies and refrain from being a lapdog to the nuclear industry.  Over 20 million residents within the 50-mile radius of Indian Point as well as this country’s financial epicenter are counting on him to lead us out of this game of Russian roulette.  His message needs to be loud and clear:  ‘the evacuation plans for Indian Point do not work and cannot be fixed.’” 

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 BACKGROUND

 Currently, the two nuclear reactors at Indian Point are operating without the annual recertification of the emergency evacuation plans.  FEMA had given a May 2 deadline to the state and counties to reconsider providing information on their emergency planning; Westchester County refused; Rockland, Putnam, and Orange Counties decided to provide documents but still withhold certification. 

Under the Nuclear Regulatory Commission’s guidelines, without a workable and certified evacuation plan in place, the operating license of a nuclear power plant must be revoked. 

Entergy, the owner/operator of Indian Point, may now be trying to make an end run using a 1988 regulation enacted by former President Ronald Reagan, known as the “realism clause.” If the state or counties were refusing to implement the emergency plan, under this rule Entergy could work with FEMA in developing emergency plans for the 10-mile radius.  The cost of developing these plans would be turned over to local governments, i.e., local taxpayers. 

The “realism rule” assumes that despite assertions to the contrary, local authorities would participate to effect an evacuation.  This is clearly not applicable in this case as all of the surrounding counties have stated quite clearly that they would follow emergency protocols to the best of their abilities.  The problem is that despite these good faith intentions, the plan will not work, as evidenced in the Witt Report, released in January 2003.  To date, over 175 first responders within the 10- and 50-mile radius have signed an IPSEC petition, indicating that while they would do their best to protect residents during an evacuation, they cannot guarantee the safety of residents, due to the large population, the lack of infrastructure, and the limited resources of the region. 

Entergy recently announced the hiring of Giuliani Partners to review and provide consultation on the security and emergency planning for the corporation’s nuclear power plants in the Northeast, including Indian Point.  IPSEC views this move as more of a PR strategy than an attempt to fix the emergency plan.  As Witt himself has noted, even if the recommendation his firm made to improve the emergency plan were implemented, the plan may still not be adequate enough to protect the public.

IPSEC stands firm in its opposition to the operation of the two nuclear reactors at Indian Point:  (1) all four counties within the 10-mile radius emergency planning zone have refused to sign an annual letter certifying that local components of the plans have been upgraded; (2) the report from Witt Associates criticized virtually every component of the emergency plan and questioned whether the plan could even be fixed; (3) over 310 elected officials and 45 municipalities are on record supporting a shutdown of Indian Point; (4) the taxpayers within the 10-mile radius have already incurred immeasurable out-of-pocket expenses to keep Indian Point in operation; (5) they should not pay additional taxes to assist Entergy, a billion dollar out-of-state corporation, in developing new evacuation plans which will never be able to protect them in the event of a radiological release at Indian Point. 

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A MAN’S NAME IS ONLY AS GOOD AS HIS WORD

An Open Letter to Governor George Pataki from the Indian Point Safe Energy Coalition:

The Honorable Governor George E. Pataki

Executive Chamber

Albany, NY 12214

May 13, 2003

Dear Governor Pataki:

The Indian Point Safe Energy Coalition (IPSEC) is comprised of more than 55 professional, environmental, and grassroots organizations.  This coalition was formed after September 11, when the vulnerability of the Indian Point Nuclear Plant became abundantly clear as one of the hijacked planes flew almost directly over the facility on its way to kill Americans and bring down the symbolic center of the US financial market. 

On August 1, 2002, your office attempted to reassure the citizens of New York that, "safety must be our top priority and we cannot wait for the federal government to act."  This quote comes from an official press release issued by your office on that date.  The press release was issued to herald the hiring of James Lee Witt Associates to review the state’s nuclear emergency plans.  Your press release also stated that, "James Lee Witt is nationally recognized as a hands-on leader and an expert in emergency management planning and procedures.  More importantly, James Lee has experience in nuclear safety planning at the local, state and federal levels. I am confident that his examination will provide clear direction as we continue working with local law enforcement officials throughout the state to provide the highest level of security in the nation."  In response to a question of whether the Witt report could result in you calling for closure of Indian Point you replied on camera that, “everything is on the table.”  As the New York Times reported, “the governor said that whatever Mr. Witt concludes, "We will base our decision on that report." 

Governor, Mr. Witt’s conclusions are quite clear.  His report states that there are “significant planning inadequacies, expected parental behavior that would compromise school evacuation, difficulties in communications, outdated vulnerability assessment, the use of out-dated technologies, lack of first responder confidence in the plans, problems caused by spontaneous evacuation, the nature of the road system.”  Mr. Witt further states that “it is our conclusion that the current radiological response system and capabilities are not adequate to overcome their combined weight and protect people from an unacceptable dose of radiation in the event of a release from Indian Point.”

Based on the Witt report findings, the four counties involved in the evacuation plan have withheld certification of the plan and your own office of emergency management (SEMO) has notified the Federal Emergency Management Agency (FEMA) that New York State cannot certify that the plan would be effective.  You have also stated on-air, on News 12 Westchester that, “I refused to certify the emergency evacuation plans because we didn't think they were adequate.”  Now it is time to make that same statement publicly to FEMA so that they can fulfill their duty to protect the public.

This statement becomes even more critical in light of a recent newspaper report that the NRC and FEMA have the option to invoke the “realism rule” to circumvent the counties’ concerns regarding the emergency evacuation plan for Indian Point.  The “realism rule” was established after the counties of Nassau and Suffolk indicated that they would not participate in emergency response if an event occurred at the soon to open Shoreham nuclear plant.  Shoreham was closed before it ever went online.  The “realism rule” assumes that despite protests, local authorities would participate to effect an evacuation.  This is not the case for Indian Point.  All of the surrounding counties have stated quite clearly that they would follow emergency protocols to the best of their abilities.  The problem is that despite these good faith intentions, the plan will not work.  That is what the exhaustive Witt Report indicates and that is “realism.” 

Governor, do not let an out-of-state, for profit energy company and FEMA usurp home-rule and ignore the reality that the best plan, developed by emergency planning professionals over a substantial amount of time simply cannot compensate for a broad spectrum of infrastructure, technological and human nature circumstances that doom the plan to failure.

To date, 45 municipalities have passed resolutions calling for closure of Indian Point, over 300 elected officials, including eleven members of the US Congress from three states have called for closure, the county executives of Westchester and Rockland have called for closure and thirteen New York City Community Boards have passed resolutions calling for closure.  As you are well aware, this issue is of critical importance to the residents of your state, the entire New York metropolitan area and particularly your home county.  Your constituents call on you to live up to your word.  You spent our tax monies to evaluate the plan.  You asserted that the results of the Witt evaluation would direct your response.  You have said on television that you hold the same position as the Witt Report – that the evacuation plans are inadequate.  Please use your executive position to make this position clear to the federal agency responsible for public safety.

You may not have the direct authority to close Indian Point, but your voice is powerful.  The people who placed you back in office and those who paid for the Witt report deserve a statement of your position.  Live up to the stature of your office and the quality of your word.  Let FEMA know the position you articulated to the News 12 audience - that the emergency evacuations plans are not adequate and invocation of the “realism rule” is not appropriate and will not make a flawed plan successful. 

Sincerely,

Lisa Rainwater van Suntum, PhD

IPSEC Project Coordinator