WTNH News Channel 8 / News / 1999

	Judge lifts obstacle to Millstone 2 restart HARTFORD (AP) _ A state judge Friday ruled over-fishing and not the Millstone 2 nuclear plant is responsible for a general decline in winter flounder in the Niantic Bay, clearing the way for the plant to begin generating electricity for the first time in three years. Plant owner Northeast Utilities said it expects to restart this plant this weekend and should reach full power in a month. With the ruling, Hartford Superior Court Juge Robert Hale lifted a temporary delay for the restart that he issued last week as part of a lawsuit brought by Long Island-based Fish Unlimited against NU. The environmental group and several other plaintiffs also sought a longer delay to keep the plant closed until June 15, the end of the winter flounder spawning season. Hale rejected that request, as well Friday. The ruling, said NU officials, usher in a new era for Millstone. An accumulation of safety problems at Millstone led to the shutdown of all three reactors in 1995 and 1996. Unit 3 returned to power last summer, and Unit 1 is being permanently closed. The station has been under intense scrutiny by the NRC and has had independent oversight. "We have demonstrated to our regulators and the public that we have created a new Millstone _ with completely upgraded plants and procedures, and a strong safety conscious work environment," said Millstone Chief Nuclear Officer Lee Olivier. Fish Unlimited fought the restart, contending the plant kills the flounder when it sucks in water from Long Island Sound to cool its reactor. But in his ruling, Hale said expert fish witnesses called by NU convinced him that the general decline of the winter flounder is due to overfishing. The judge admitted the restart of the plant will kill off many of the winter flounder larvae during the spawning season, "but will have a negligible effect on the winter flounder adult population and it will not cause irreparable injury to the Niantic Bay area," he wrote. Hale granted a temporary restraining order last week to keep the plant closed until the trial ended. The Nuclear Regulatory Commission last week approved the restart of the plant, but that had been put on hold pending resolution of the trial, which ended Thursday. NU officials said keeping the plant shut down until June 15 would have cost the company about $30 million. Bill Smith, executive director for Fish Unlimited, said an appeal is likely. The plaintiffs also wanted NU to install a system that would keep larger fish out of the intake pipes and to use a water cooling system that used an internal supply instead of drawing from the Niantic River. The judge ruled those requests should be heard before the state Department of Environmental Protection, "which has the power to remedy any situation...it finds warranted," he wrote. Nancy Burton, a lawyer for Fish Unlimited, said the temporary restraining order that kept Millstone 2 from restarting, even after it received approval by the NRC last week, was a victory for the group. "I think it's the beginning of a new wave of assaults against these predator plants," Burton said. Other plaintiffs in the case against the company were: A foundation called STAR, Standing For the Truth About Radiation of East Hampton, N.Y.; the North Fork Environmental Coalition of Mattituck, N.Y.; New York State Assemblyman Fred Thiele, who represents East Hampton, Southampton and Brookhaven; the town of East Hampton, N.Y.; and the New Haven, Conn.-based group, Don't Waste Connecticut. The NRC said it would closely monitor Unit 2's restart, including via round-the-clock site coverage by inspectors during key phases of the process. NU plans to gradually bring the plant back on line. The NRC plans review the phases of the restart at 30, 50, 75 and 90 percent power. Millstone's Olivier said Friday the restart would not be schedule driven. "We will be applying the lessons we learned from the recent successful startup of Unit 3," said Olivier, "And we will not hesitate to make conservative decisions throughout the restart process." (Copyright 1999 by The Associated Press. All Rights Reserved.) Today's News Page. WTNH Home Page. ©1999 WTNH/WTNH-DT A LIN station.

Judge lifts obstacle to Millstone 2 restart
HARTFORD (AP) _ A state judge Friday ruled over-fishing and not the Millstone 2 nuclear plant is responsible for a general decline in winter flounder in the Niantic Bay, clearing the way for the plant to begin generating electricity for the first time in three years.

Plant owner Northeast Utilities said it expects to restart this plant this weekend and should reach full power in a month.

With the ruling, Hartford Superior Court Juge Robert Hale lifted a temporary delay for the restart that he issued last week as part of a lawsuit brought by Long Island-based Fish Unlimited against NU. The environmental group and several other plaintiffs also sought a longer delay to keep the plant closed until June 15, the end of the winter flounder spawning season. Hale rejected that request, as well Friday.

The ruling, said NU officials, usher in a new era for Millstone.

An accumulation of safety problems at Millstone led to the shutdown of all three reactors in 1995 and 1996. Unit 3 returned to power last summer, and Unit 1 is being permanently closed. The station has been under intense scrutiny by the NRC and has had independent oversight.

"We have demonstrated to our regulators and the public that we have created a new Millstone _ with completely upgraded plants and procedures, and a strong safety conscious work environment," said Millstone Chief Nuclear Officer Lee Olivier.

Fish Unlimited fought the restart, contending the plant kills the flounder when it sucks in water from Long Island Sound to cool its reactor. But in his ruling, Hale said expert fish witnesses called by NU convinced him that the general decline of the winter flounder is due to overfishing.

The judge admitted the restart of the plant will kill off many of the winter flounder larvae during the spawning season, "but will have a negligible effect on the winter flounder adult population and it will not cause irreparable injury to the Niantic Bay area," he wrote.

Hale granted a temporary restraining order last week to keep the plant closed until the trial ended. The Nuclear Regulatory Commission last week approved the restart of the plant, but that had been put on hold pending resolution of the trial, which ended Thursday.

NU officials said keeping the plant shut down until June 15 would have cost the company about $30 million.

Bill Smith, executive director for Fish Unlimited, said an appeal is likely.

The plaintiffs also wanted NU to install a system that would keep larger fish out of the intake pipes and to use a water cooling system that used an internal supply instead of drawing from the Niantic River.

The judge ruled those requests should be heard before the state Department of Environmental Protection, "which has the power to remedy any situation...it finds warranted," he wrote.

Nancy Burton, a lawyer for Fish Unlimited, said the temporary restraining order that kept Millstone 2 from restarting, even after it received approval by the NRC last week, was a victory for the group.

"I think it's the beginning of a new wave of assaults against these predator plants," Burton said.

Other plaintiffs in the case against the company were: A foundation called STAR, Standing For the Truth About Radiation of East Hampton, N.Y.; the North Fork Environmental Coalition of Mattituck, N.Y.; New York State Assemblyman Fred Thiele, who represents East Hampton, Southampton and Brookhaven; the town of East Hampton, N.Y.; and the New Haven, Conn.-based group, Don't Waste Connecticut.

The NRC said it would closely monitor Unit 2's restart, including via round-the-clock site coverage by inspectors during key phases of the process. NU plans to gradually bring the plant back on line. The NRC plans review the phases of the restart at 30, 50, 75 and 90 percent power.

Millstone's Olivier said Friday the restart would not be schedule driven.

"We will be applying the lessons we learned from the recent successful startup of Unit 3," said Olivier, "And we will not hesitate to make conservative decisions throughout the restart process." (Copyright 1999 by The Associated Press. All Rights Reserved.)

Today's News Page.

WTNH Home Page.