VT Yankee Citizens Panel Reviews Memorandum

Three newspaper articles covering the VT NDCAP meeting held on March 22, 2018 at BUHS, to discuss the Settlement Agreement reached as part of the Docket #8880 examination of the sale of VY by Entergy to Northstar for decommissioning and site restoration.

By Richie Davis in The (Greenfield) Recorder.

By Susan Smallheer in the Rutland Herald.

By Mike Faher in VT Digger.

A followup commentary by Guy Page in the Rutland Herald.

Advertisements

Great River Hydro’s FERC-Filed Notes from the 3/8/18 Study Results Summary

Cover letter:

Great River Hydro, LLC (“Great River Hydro”) is the owner and licensee of the Wilder Hydroelectric Project (FERC No. 1892), the Bellows Falls Hydroelectric Project (FERC No. 1855), and the Vernon Hydroelectric Project (FERC No. 1904). The current licenses for these projects each expire on April 30, 2019. On October 31, 2012, TransCanada initiated the Integrated Licensing Process by filing with the Federal Energy Regulatory Commission (“FERC” or “Commission”) its Notice of Intent to seek new licenses for each project, along with a separate Pre-Application Document for each project.

With this filing, Great River Hydro submits its March 8, 2018 Updated Study Results Meeting Summary for the three projects, as required by 18 C.F.R. §5.15(c)(3) and the Commission’s current Process Plan and Schedule (dated February 15, 2018). The meeting for the Updated Study Reports filed between May 1, 2017 and February 9, 2018 was held at Great River Hydro’s Renewable Operations Center in Wilder, Vermont, with teleconference and call-in capability for participants who could not attend in person.

Below is a comment excerpt:

ILP Schedule – Brandon Cherry reviewed the Revised Process Plan and Schedule FERC issued on February 15, 2018, noting that GRH is required to file a progress report on May 15, 2018 and every 90 days thereafter until studies 9 and 24 are completed. The progress report is to include the status of study 33 – Cultural and Historic Resources Study.

Study 33 – Cultural and Historic Resources Study – Rich Holschuh concurred that this study is still open and indicated that while the draft TCP includes timetables for consultation, no consultation has taken place. John Ragonese disagreed that no consultation had occurred, citing several meetings with native American tribal leaders and informational resources but recognized the present open status of the study. He said the Programmatic Agreement (PA) and Historical Properties Management Plan (HPMP) are in development and will be shared for comment and review. The PA is a signed agreement among affected parties that usually includes SHPO’s, licensee and federal tribe(s). GRH suggests that no federal tribe is affected by this PA, but local tribes are and therefore should be included. The PA will reference the HPMP which includes details of how properties will be managed.

VT Nuclear Decommissioning Citizens Advisory Panel: VT NDCAP Mtg 3/22/18

Brattleboro Community TV (BCTV) has archived the proceedings at the regular Vermont Nuclear Decommissioning Citizens Advisory Panel (VT NDCAP) meeting held at Brattleboro Union High School (BUHS) on March 22, 2018. The focus of the evening was to learn about the Settlement Agreement reached between all the parties involved, with the exception of CLF. The author, representing Elnu Abenaki with the support of Nulhegan and Koasek, adds his comments regarding the process at 51:37, and answers questions at 1:10:56 and 1:18:27.

State, NorthStar Strike Deal for Sale of Vermont Yankee

Vermont-Yankee-aerial-Kristopher-Radder

After 15 months of sometimes-contentious debate, there’s been a breakthrough in the proposed sale of Vermont Yankee to a New York decommissioning company. A deal released Friday calls for the plant’s current and prospective owners to set aside nearly $200 million in additional funds to support decommissioning at the Vernon site.

Additionally, the companies agreed to new restoration standards including a “comprehensive assessment” of contamination at the property.

In return, three state agencies and several other parties have agreed to support the sale of the idled plant from Entergy to NorthStar Group Services. Those supporters include the Brattleboro-based New England Coalition, which had been the sale’s harshest critic. “We now consider ourselves allies and partners with NorthStar and will do our best to help them achieve a state-of-the-art, best-practices and environmentally responsible decommissioning, as free of nuclear pollution as possible,” said Ray Shadis, a coalition board member and adviser.

But not everyone agrees with the compromise. The Conservation Law Foundation declined to sign on, with senior attorney Sandra Levine saying the deal “falls far short.”

Read the complete article by Mike Faher at VTDigger.org. Photo by Kristopher Radder at the Brattleboro Reformer.

Ojibwe Tribes Join Forces to Demand Full Cultural Resources Survey

madeline sunset

January 4, 2018 – On Tuesday, the 5 Ojibwe bands intervening in Minnesota’s Line 3 case joined forces on an assertive legal action for the first time in this 4+ year battle.  They filed an appeal of the Public Utilities Commission’s (PUC) recent decision to exclude the cultural resources survey from the Environmental Impact Statement (EIS). Their legal brief meticulously documents the State’s consistent disregard for tribal rights and tribal concerns throughout this process, and profound failure to assess impacts to historic and cultural properties and treaty-protected resources.  The tribes asked the PUC to halt the process until a full survey of cultural resources is completed for the entire corridor and all alternative routes, with that data included in the EIS so that it can inform the PUC’s permit decisions.

“The state’s historic properties work on the Line 3 Replacement project to date has been so inadequate that it could be used as a ‘what not to do’ example in future guidance.”

– Joint Tribal Petition (Fond du Lac, Mille Lacs, Leech Lake, Red Lake, and White Earth Bands of Chippewa), 1/2/18

In early December, the PUC declared the Final Environmental Impact Statement (FEIS) for Line 3 “inadequate” and asked the Department of Commerce to put some bandaids on it.  One of those bandaids is a single sentence stating that if permits are granted, construction cannot begin until an ongoing survey of tribal cultural resources along a portion of the proposed route is complete.  The Fond du Lac Band of Lake Superior Chippewa (FDL), with support from all the other tribal, environmental, and landowner intervenors, argued assertively that the EIS should not be finalized until the survey is complete and the data analyzed and included in the EIS.  They also cautioned the State of Minnesota, with great passion, against repeating the profound cultural disrespect shown in the MN Department of Transportation’s archaeological debacle on the Fond du Lac Reservation last summer.

But the PUC decided that the survey data does not need to be included in the EIS, or even included in the public record before the PUC makes its decision about Line 3 permits!  They simply want it complete before construction begins.  This means they think the existence and locations of cultural resources are irrelevant to their decisions about whether or not to permit the pipeline, or which route to choose.  The tribes are asking the PUC to show some respect, acknowledge the importance of our sacred places, and follow the law.

Read the full article from Stop Line 3/Honor the Earth.

Elnu Abenaki Prefiled Testimony in VT PUC Docket #8880

Link to pdf below:

Prefiled Testimony Elnu Abenaki Rich Holschuh VT PUC 8880

Vermont Yankee Buyer Assures Tribe It Will Hire Cultural Adviser

Rich Holschuh VY Sale Mike Faher

If NorthStar Group Services gets a chance to decommission Vermont Yankee, the company will have a hired cultural expert watching over its work.

In a nod to Native American concerns about the Vernon site’s historical importance, NorthStar CEO Scott State is committing to enlisting a consultant on matters such as archaeology, anthropology and history.

The costs of that expert, State pledged, “will not impact the Nuclear Decommissioning Trust or the Site Restoration Trust, and instead will be borne solely by NorthStar.”

Rich Holschuh, a Native American activist representing the Elnu Abenaki tribe in Vermont Yankee proceedings, applauded NorthStar’s commitment but expects to stay closely involved in decommissioning issues. “I see this as the first conversation in an ongoing dialogue,” Holschuh said.

Read the full story by Mike Faher in vtdigger.org here.

The same Mike Faher story in the Brattleboro Reformer here.

And a version in The Commons here.