Lowey Demands Accountability at Indian Point

Rep. Nita Lowey (D-Westchester/Rockland) today called on the Federal Emergency Management Agency (FEMA) to review expeditiously the Indian Point nuclear facility’s new siren system and on the Nuclear Regulatory Commission (NRC) to fine Entergy heavily for its third failure to meet the deadline for a certified, operational siren system with back-up power.

“NRC must take a three-strikes-and-you're-out approach and heavily fine Entergy for its repeated failure to meet the deadlines for this fundamental part of the emergency response system,” said Lowey.  “Entergy must be held responsible for dragging its feet on providing FEMA with the information it needs to assess whether the siren system is finally compliant with the law.”

The siren system is essential for alerting Indian Point employees and the surrounding area should an emergency occur at the facility.  Despite requirements for FEMA to review data and certify the siren system by today, August 24th, Entergy sent these documents only recently, delaying the ability of FEMA to declare the system operational.

I am writing you regarding yet another deadline Entergy Nuclear Northeast has missed today to establish a certified emergency siren system with back-up power at the Indian Point Energy Center.

As you know, the Federal Emergency Management Agency has the ultimate responsibility for declaring the system operational. This requires Entergy to adhere to FEMA guidelines and to provide the agency with information in a timely manner to determine whether the system is operational.

In recent weeks, Entergy has initiated an aggressive public relations campaign claiming it would meet today’s deadline for an operational siren system with the proper back-up power. Yet, the company submitted just this week the appropriate noise data to FEMA for a review process that takes approximately 45 days in order to actually certify that the system is compliant.

Entergy has had two years in which to comply with the law, yet this is the third time this year it has missed the deadline for making operational one of the most fundamental components of the emergency preparedness plans for the Indian Point nuclear facility. Such negligence puts our communities at risk should there be an emergency and is simply unacceptable. 

While I am pleased that the NRC levied a fine earlier this year of $130,000for Entergy’s failure to meet previous deadlines for the siren system, I urge you to now levy a much more substantial fine for its repeated failure to operate a certified siren system.

I hope you agree with me that our primary concern for any nuclear facility should be that it can safely operate within its community. In order to protect the region surrounding Indian Point, I encourage you to work with FEMA to expedite its review of operations of the siren system and to use every tool at your disposal – especially heavy fines – to enforce the vital safety and security regulations that Entergy continues to fail to uphold.  

I am writing you regarding operational certification for the newly installed emergency siren system for the Indian Point Energy Center. As you are aware, the Energy Policy Act of 2005 required the facility to install backup power to support the plant’s emergency notification system, which includes the siren system.

While the Nuclear Regulatory Commission levied a fine against Entergy Nuclear Northeast, which owns and operates the Indian Point facility, in April 2007 for failure to install and operate the siren system on the required timeline, both parties agreed to a new August 24, 2007, deadline. It is my understanding that despite requirements for the Federal Emergency Management Agency to review the relevant data and certify the siren system, Entergy sent these documents to your agency only in recent days, further delaying the ability of FEMA to declare the system operational by today’s deadline. I encourage you to confirm receipt of this data and to expedite a thorough analysis and determination on the operational status of the system.

We are now more than eight months beyond the deadline established in law for the system to be operational. Entergy has delayed for months this system which is integral to the regional preparedness initiatives of the surrounding communities.

I hope you agree with me that our primary concerns for any nuclear facility should be that it can safely operate within its community and that all emergency notification and response systems work properly and effectively. I hope you will continue to monitor closely this facility and take immediate corrective action should any faults be found in the emergency response systems.