ML070220215

2007/01/10- Palisades - Reply of Petitioners Michigan Environmental Council and Public Interest Research Group in Michigan to Applicants' Response

ML070220215
Person / Time
Site:	Palisades
Issue date:	01/10/2007
From:	Keskey D L Michigan Environmental Council, Public Interest Research Group
To:	NRC/OCM
SECY RAS
References
50-255, RAS 12883
Download: ML070220215 (40)

Text

DOCKETED USNRC January 10, 2007 (4:52pm)UNITED STATES OF AMERICA OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF NUCLEAR REGULATORY COMMISSION In the Matter of CONSUMERS ENERGY COMPANY, NUCLEAR MANAGEMENT COMPANY, LLC and Docket No. 50-255 ENTERGY NUCLEAR PALISADES, LLC AND ENTERGY NUCLEAR OPERATIONS.(Palisades Nuclear Plant, License No. DPR-20)REPLY OF PETITIONERS MICHIGAN ENVIRONMENTAL COUNCIL AND PUBLIC INTEREST RESEARCH GROUP IN MICHIGAN TO APPLICANTS' RESPONSE I. Introduction The Michigan Environmental Council ("MEC") and the Public Interest Research Group in Michigan ("PIRGIM"), Joint Petitioners in this case, file this reply to the January 3, 2007 response of the Applicants in this case.1 Counsel for MEC and PIRGIM first received Applicants' response by regular mail on January 8, 2007.2 II. Petitioners MEC and PIRGIM fully meet all criteria for standing in this proceeding, as provided by the Atomic Energy Act, this Commission's regulations and decisions, and prevailing authority of the United States Supreme Court.Applicants challenge the standing of MEC and PIRGIM to intervene and participate as full parties in these proceedings.

However, Applicants fail to acknowledge Petitioners meet the standards and criteria for standing as provided by the Atomic Energy Act, this Commission's The Applicants' response opposes MEC/PIRGIM's joint petition to intervene, and the intervention by some (but not all) of the Michigan local units of government

("Local Units").2 Applicants' counsel did not serve their response to Petitioners' counsel by email. Thus, an extremely limited period of time has been provided for Petitioner MEC/PIRGIM's counsel to respond to Applicants' response.TE MPLfTF-. -1 c, 5374984.1 21483/111907 decisions, and by prevailing precedent of the United States Supreme Court and the federal courts.Applicants' Response (pp 3-4) state that the following test for standing in these proceedings:

To establish standing, a Petitioner must allege a concrete and particularized injury that is fairly traceable to the challenged action and likely to be redressed by a favorable decision in the proceeding.(cite omitted).

The alleged injury must be one that will be (1)affected by the license transfer (2) is likely to be redressed by a favorable decision, and (3) that lies arguably within the 'zone of interests' protected by the governing statute. (cite omitted)Petitioners first assert that the Commission decision in favor of recognizing MEC/PIRGIM's standing to intervene in this case is supported by the federal statutes applicable to this Commission, namely, the Atomic Energy Act. Sections 1l(s) and 189 of the Atomic Energy Act, 42 U.S.C. 2014(s) and 42 U.S.C. 2239, establish congressional intent that parties such as MEC and PIRGIM should be recognized as having participatory rights in this Commission's proceedings, and particularly with respect to matters so directly associated with the interests of MEC and PIRGI!M, and their respective Michigan organizational members and citizen members.Second, MEC/PIRGIM fully meets the test for standing that Applicants describe in their response.

This test is virtually identical to the test for standing utilized in Michigan Public Service Commission

("MPSC") agency proceedings, based upon state and federal court decisions.

3 Despite active challenges by utilities to MEC and PIRGIM standing under this criteria, the Administrative Law Judges and the MPSC have recognized MEC and PIRGIM's standing in all of the numerous cases wherein MEC and PIRGIM have intervened at the MPSC.(E.g. Drake v Detroit Edison, 453 F Supp 1123 (WD Mich 1978); Association of Data Processing Service Organizations, Inc v Camp, 397 US 150, 90 S Ct 837, 25 L Ed 2d 184 (1970);Lijan v Defenders of Wildlife, 504 US 555, 112 S Ct 2130; 119 L Ed 2d 351 (1992); Lee v Maconib Cry Bd of Com'rs, 464 Mich 726; 629 NW2d 900 (2001); Friends of the Earth v Laidlaw, 528 US 167; 120 S Ct 693; 145 L Ed 2d 610 (2000).2 5374984.1 21483/111907 Most of these cases have involved issues concerning nuclear plant decommissioning funds, efforts to enforce the protection of SNF fees collected from ratepayers to provide for SNF disposal, advocacy of establishing better protection of decommissioning trusts and to establish an SNF disposal and SNF site decommissioning trusts, among other issues.In a recent case, MPSC Case No. U-13771, the Administrative Law Judge reviewed the facts applicable to MEC/PIRGIM, and state and federal law, and found conclusively that MEC and PIRGIM had standing to participate in MPSC proceedings on these issues.4 The ALJ found that MEC and PIRGIM comprise persons and organizations directly affected by these issues, that MEC and PIRGIM represented persons to be impacted by the potential decisions in the case, and that MEC and PIRGIM fell within the zone of interests covered by applicable statutes.

These findings were made following extensive briefing by the parties concerning standing issues, and the filing of documents including affidavits submitted by both MEC and PIRGIM (copies attached hereto as Appendix Exhibit A), 5 and also following hearing arguments.

Also attached hereto (as Appendix Exhibit B) is a recent website listings of the various organizations making up MEC and PIRGIM. MEC and PIRGIM have been involved in numerous MPSC and Michigan court cases, many of which are ongoing, relative to these and other issues.6 MEC and PIRGIM specifically request that the Commission permit MEC and PIRGIM to amend their pleadings, or' March 20, 2005 Proposal For Decision of the Administrative Law Judge in MPSC Case U-13771, pp 18-40.' See attached Affidavit of MEC Policy Director James Clift filed in MPSC Case No. U-13771 dated July 10, 2003, and attached Affidavit of PIRGIM's then Director, Brian Inmus, filed in MPSC Case No. U- l377 1, dated July 10, 2003, describing their organizational interests.

6 The cases involving CECo include MPSC Case Nos. U-13917, U-13917-R, U-14274, U-14274-R, U-14150 (decommissioning), U-13771 (complaint regarding decommissioning and SNF disposal remedies and fund protections), MEC/PIRGIM v MPSC and CECo, Michigan Court of Appeals Docket No. 264860).3 5374984.1 21483/111907 attachments hereto, in the event that the Commission desires further information of a factual nature concerning standing.Applicants' response also fails to acknowledge that MEC/PIRGIM have been designated by a Michigan state agency to represent Michigan ratepayers in these proceedings, a factor that should be considered for standing purposes under this Commission's rules in a similar way that an intervention by a local government or state is considered.

ME/PIRGIM have been authorized grants established by an agency of the State of Michigan to participate in MPSC and court cases, and also specifically this NRC Docket (and FERC dockets) related to the issues raised by Applicants' proposed transactions.

In this respect, the Michigan state agency, (the Michigan Utility Consumer Participation Board) has recognized MEC and PIRGIM as an advocate for Michigan's residential citizen members to advance public interest issues concerning the proposed transactions.

7 Contrary to Applicants' intimations, MEC and PIRGIM here seek to focus specifically on public health and safety issues subject to this Commission's jurisdiction, and to ensure that the transferee of the proposed license possesses adequate financial qualifications, and has provided adequate financial assurances, to carryout all responsibilities under the license and under regulations of this Commission (including the proper decommissioning of the Palisades Nuclear plant, completion of the decommissioning of the Big Rock nuclear plant, and the proper disposal of SNF and the decommissioning of SNF sites at both the Palisades and Big Rock plant sites).Applicants' claim that MEC and PIRGIM have not demonstrated that the requisite authority for intervening in this case has been given is also spurious in this context. No "proofs" regarding MEC and PIRGIM's authorization to intervene should be necessary.

In this respect, Applicants have not provided any certifications from their counsel that they have been authorized to intervene on behalf of their entities.

On a level playing field, no further requirement should be required of proposed intervenors in this regard, unless the same requirement is attached to the Applicants.

If requested, however, this can be provided.5374984.1 21483/111907 MEC and PIRGIM also assert in this case that the proposed license transferor, including Consumers Energy and its parent company, CMS Energy, must also continue to share in the financial risks and costs, and to buttress financial assurances regarding the disposal of SNF, and the decommissioning of SNF sites and nuclear plants, given their long history of operation of the Big Rock and Palisades nuclear plants, and their generation of substantial amounts of SNF which remain on sites adjacent to Michigan shorelines and communities.

This is particularly true in view of the fact that CECo has collected from ratepayers more than $32 million per year, from the years 2000 -2003, for nuclear plant decommissioning of the Big Rock plant, (which revenue collections continued at the same level in 2004 and 2005), which funds CECo never transferred or deposited into the Big Rock nuclear plant decommissioning fund.8 CECo has thus charged ratepayers substantial sums for the specific purpose of nuclear plant decommissioning, but has failed to fully fund the decommissioning collections in the decommissioning trust funds. This failure adds to the responsibility of CECo and its parent company to continue to share in all financial risks and assurances related to the decommissioning of SNF sites and nuclear plant sites.This Commission should assist the Michigan regulatory authority and Michigan ratepayers in requiring the deposit of said funds for the purpose for which they were collected.

MEC and PIRGIM have further asserted in MPSC cases, and in this case, that CECo has collected

$148 million of principal (and accumulated interest), in the form of SNF fee debt, for pre-April 1983 nuclear generation, expressly as SNF fees for SNF disposal, which CECo has not deposited in the Nuclear Waste Fund, and which exists at CECo only as a bookkeeping entry and not as a separate account. MEC and PIRGIM have advocated for the establishnment of a separate external interest bearing "SNF Disposal and SNF Site Decommissioning Trust," to be regulated by the MPSC, to'Prefiled testimony of MEC/PIRGIM witness William Peloquin in MPSC Case U-14992, dated December 20, 2006.5 5374984.1 21483/111907 ensure the deposit of said $148 million to provide additional assurance for the eventual disposal of SNF and decommissioning of SNF sites.9 Failure of CECo to provide for adequate security, and to ensure preservation of said SNF fee debt collected from Michigan ratepayers, adds to the necessity for this Commission and the MPSC to cooperatively require that CECo and CMS Energy continue to share in financial assurances that full SNF disposal, and SNF site and nuclear plant decommissioning, will be accomplished.

The issues that MEC and PIRGIM have raised before the MPSC, and before this Commission in their intervention petition, are aimed at the respective jurisdictional duties and functions of the MPSC and the NRC. MEC and PIRGIM in this NRC case seek to focus upon issues relevant to this Commission's jurisdiction to promote and protect public health and safety with respect to nuclear energy, and to assure proper decommissioning of plant and SNF sites.MEC and PIRGIM's efforts in this regard also comport fully with the underlying purposes of MEC and PIRGIM as organizations to promote public health, to promote Michigan's environment, to provide for enhanced consumer protection, and to promote public interest issues and remedies on behalf of their Michigan organizations and members. As stated in MEC/PIRGIM's intervention petition in this case, these long-established missions and purposes also support MEC/PIRGIM's "organizational standing" to participate as parties in this case.Prefiled testimony of MEC/PIRGIM expert Ronald C. Callen in MPSC Case U-14992, dated December 20, 2006; Testimony of Ronald C. Callen in MPSC Case U-14150 (CECo decommissioning), dated January 10, 2005, and March 16, 2005, and MEC/PIRGIM Briefs in U-14150.6 5374984.1 21483/111907 III. Applicants' response fails to provide sufficient grounds for a determination that Applicants' possess adequate financial qualifications to receive a license transfer (absent protective conditions), and have failed to provide for adequate financial assurances that the public health and safety will be protected by approval of the requested license transfer.MEC and PIRGIM refer the Commission to their petition to intervene in this case in support of their argument that the Applicants have failed to demonstrate that the proposed successor to the license of the Palisades nuclear plant (and to licenses for the ISFSI sites at Big Rock or Palisades) possess adequate financial qualifications to undertake the responsibilities under the Atomic Energy Act and the NRC regulations, and secondarily, that the Applicants have failed to demonstrate that adequate financial assurances will be provided to ensure the undertaking of all responsibilities of a license holder under the provisions of the Atomic Energy Act and the NRC's regulations.

MEC and PIRGIM assert that the failure by CECo to fund its Big Rock decommissioning trust with many scores of millions of dollars collected from ratepayers for that express purpose, contrary to the intent of MPSC orders, and CECo's failure to provide any preservation or security for the SNF fee debt that has been collected from Michigan ratepayers for the express purposes of SNF disposal, demonstrate that CECo and its parent company, CMS Energy, must be required to continue to share in the provision of financial assurances needed as a condition of any license transfer.

This is necessary to ensure that proper decommissioning of the nuclear plants and SNF sites, and SNF disposal, will be accomplished.

The continuing joint responsibility of CECo and its parent company to the financial assurances for accomplishing these tasks is also contemplated by NRC regulations which can provide for a combination of approaches or options for obtaining the necessary financial 7 5374984.1 21483/1 11907 assurances (i.e. an external trust or sinking fund, combined with corporate guarantees, sureties, performance bonds, insurance, etc.).This Commission should also require a much greater demonstration of the financial qualifications of the proposed transferee, ENP, a limited liability corporation, prior to any approvals herein. This Commission should also require, in advance, substantial financial assurance commitments by ENP's parent company, Entergy, such as guaranteed letters of credit, surety bonds, and corporate guarantees, etc, to be combined with the continuing financial assurance guarantees from CECo and CMS Energy, as noted above. This Commission should also require that CECo be required to place in trust the funds it has collected for decommissioning and SNF disposal, or at minimum, act in a manner that assists with this remedy at the state level.Applicants also erroneously claim that they have provided adequate documents to establish the necessary financial assurance requirements.

Applicants' response, p 12, states in part:* ..The Petitioners acknowledge that they have not examined the Applicant's five year projected revenues and costs for ENP contained in the Application....

The Applicants have complied with the requirements of 10 CFR 50.33(f) in every respect. ...a projected five year financial statement for Entergy Nuclear Palisades was included as part of the application. (Application, Enclosure 7). An Applicant satisfies the Commission's financial qualification rule if it provides a cost and revenue projection for the first five years of operation that predicts sufficient revenue to cover operating cost. (cites omitted).Applicants' response is illogical and hopelessly circular.

The Applicants' referenced financial statements for their limited liability corporation were all redacted, based upon a largely irrelevant argument that public disclosure of said documents, and provision of same to potential parties, would harm their "competitive position".

However, the Applicants in essence are trying to undertake a "sale and lease back" transaction which is subject to no competition, in a context in 8 5374984.1 21483/111907 which the proposed transferee is a newly formed, highly leveraged limited liability corporation having no initial assets. Promises of a parent company providing some unspecified line of credit, in a minimal amount of $25 million, at such future time, "if working capital is necessary" is an anemic presentation of any financial assurances equivalent to the immense responsibilities involved with the proposed transfer of this nuclear plant and the two SNF sites. Apparently, Applicants believe that the Atomic Energy, and the NRC administration of its regulations, are so narrowly and isolatedly administered, that interested parties are to merely accept vague assertions by the Applicants.

This cannot possibly be the essence of this Commission's administration of the Act, given the immense interest that the proposed intervenors have with respect to these Michigan based facilities.

Quite clearly, the Petitioners could not have examined Applicant's five year projected revenues and costs for ENP since they have been redacted and have not been provided to the Petitioners.

Applicants should be estopped from claiming that they have shown the necessary financial assurance qualifications in this context. Otherwise, the entire process is simply one of total prejudgment, based upon no publicly disclosed information.

IV. Conclusion and Relief For the reasons stated, the joint petitioners, the Michigan Environmental Council and the Public Interest Research Group in Michigan, respectfully request that they be admitted as full party intervenors in this case docket, and further, that an adjudicatory evidentiary hearing be held to fully examine the contentions raised in their pleadings, and any subsequent amendments that may supplement these contentions based upon discovery and receipt of further needed information.

MEC and PIRGIM also adopt and incorporate by reference the contentions made by the Local Units in this case, and request an extension of time in the case schedule, a refiling by applicants, and a period of discovery, prior to hearings.

MEC/PIRGIM also request the right to 9 5374984.1 21483/111907 amend or supplement this Petition after the requisite information is provided by Applicants.

MEC/PIRGIM request such further and consistent relief which is lawful and reasonable.

MICHIGAN ENVIRONMENTAL COUNCIL, PUBLIC INTEREST RESEARCH GROUP IN MICHIGAN ,_1,A 1,,,, Counsel: Don L. Keskey (P23003) /7 Clark Hill PLC 212 East Grand River Avenue Lansing, MI 48906 (517) 318-3014 (517) 318-3099 (Fax)dkeskey@clarkhill.com DATED: January 10, 2007 10 5374984.1 21483/111907 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of CONSUMERS ENERGY COMPANY, NUCLEAR MANAGEMENT COMPANY, LLC and Docket No. 50-255 ENTERGY NUCLEAR PALISADES, LLC AND ENTERGY NUCLEAR OPERATIONS.(Palisades Nuclear Plant, License No. DPR-20)APPENDIX EXHIBIT A TO REPLY OF PETITIONERS MICHIGAN ENVIRONMENTAL COUNCIL AND THE PUBLIC INTEREST RESEARCH GROUP IN MICHIGAN TO APPLICANTS' RESPONSE DATED JANUARY 10, 2007 STATE OF MICHIGAN BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION In the Matter of the Formal Complaint of the MICHIGAN ENVIRONMENTAL COUNCIL, PUBLIC INTEREST RESEARCH GROUP IN MICHIGAN and MICHIGAN CONSUMER FEDERATION, for Commencement of a Generic Investigation and Contested Case, for Review and Audit of Books and Records, for Establishment of Separate Additional External Nuclear Plant Site Decommissioning Trusts, and for Adoption of Additional Ratemaking Remedies Relating to Spent Nuclear Fuel (SNF) Fees and Costs Collected in Rates by Nuclear Utilities Serving Michigan Including CONSUMERS ENERGY COMPANY, THE DETROIT EDISON COMPANY, INDIANA'MICHIGAN POWER COMPANY/AMERICAN ELECTRIC POWER, WISCONSIN ELECTRIC POWER COMPANY, and WISCONSIN PUBLIC SERVICE CORPORATION.

/Case No. U-13771 AFFIDAVIT OF JAMES P. CLIFT STATE OF MICHIGAN COUNTY OF INGHAM)) SS.)I, JAMES P. CLIFT, being first duly sworn, deposes and says as follows: 1. I am the policy director of Michigan Environmental Council ("MEC"), a broad-based state-wide organization or association comprising over 64 environmental, public health, and public interest organizations and 200,000 citizen dues paying members in Michigan.2. A member organization of MEC is the Public Interest Research Group in Michigan ("PIRGIM"), which is also a separate broad-based, state-wide, non-profit organization I 3240404v1 21483/092946 comprising approximately 10,000 dues paying members which is involved in public interest and consumer protection issues.3. 1 concur in the descriptions of the three organizations joining in the Complaint in this case, as stated in paragraphs 1-6 of the Complaint (p 3-6), and specifically with respect to MEC and PIRGIM.4. A more complete description of MEC and PIRGIM is available at their website addresses.

The website address for MEC is (www.mecprotects.com).

PIRGIM's website address is (http://pirg.org/pirgim).

A complete list of the organizations comprising MEC is available on its website. As can be seen from this list, MEC is comprised of a number of active organizations located throughout Michigan which are involved in public interest issues regarding environmental protection and conservation, and including issues related to consumer protection and utility matters. MEC is also comprised of a number of broad-based organizations having large numbers of citizen members on a state-wide basis, such as the American Lung Association of Michigan, Clean Water Action Coalition, League of Women Voters of Michigan, Michigan Audubon Society, PIRGIM, the Sierra Club, among several other organizations.

5. As policy director of MEC, and in support of MEC and PIRGIM's response to respondent utilities in this case, I have contacted some of the organizations within MEC, and have verified that they have citizen ratepayers within the service territories of all five (5)respondent utilities.

I am also fully aware of the activism of these organizations relative to environmental, energy, and public interest issues. I believe that the various organizations of MEC and PIRGIM have numerous citizen ratepayers located within the service territories of the respondent utilities.

2 3240404v0 21483/092946

6. The following are but just a few examples of MEC ratepayers located within each utility's service territory:

a). Consumers Energy Company: American Lung Association

-Lansing Clean Water Action -Grand Rapids, East Lansing, Clinton Township Environmentally Concerned Citizens of South Central Michigan -Hudson Kalamazoo Environmental Council -Kalamazoo Lone Tree Council -Bay City b). Detroit Edison Company: Detroiters Working for Environmental Justice -Detroit Detroit Audubon Society -Holly Ecology Center -Ann Arbor Local Motion -Ann Arbor Michigan League of Conservation Voters- Ann Arbor c). Indiana Michigan Power Company/American Electric Power: One of our member groups is the Michigan Organic Food and Farm Alliance ("MOFFA").

MOFFA has one representative on the MEC Board of Directors; Merrill Clark.Ms. Clark is a resident of Cassopolis, Michigan, and is a customer of AEP. Ms. Clark has been active in a number of environmental ad energy issues in the region including the recent proposal for a natural gas plant to be located in Niles, Michigan.

Another one of our member groups is the lake Michigan Federation with offices located around Lake Michigan.

They have been active in a number of energy issues including the short and long-term storage of high level radioactive waste. They were involved in extensive litigation during the early 1990's regarding the issue of dry cask storage at Consumers Energy's Palisades Nuclear Power Plant, located on Lake 3 3240404v i 21483/092946 Michigan, not far from IM's Cook Nuclear Plant; See, Kelley et al. and Lake Michigan Federation, v Selin (U.S. Nuclear Regulatory Commission) and Consumers' Power Company, 42 F 3d 1501 (1995). The Federation estimates that it currently has members of that organization that are customers of AEP. For purposes of IM Power/AEP's electric restructuring case, U-12652, in which MEC/PIRGIM intervened, the Lake Michigan Federation reported that they had 31 members in the service territory of AEP.Other of the large member groups having citizens located in IM Power's service territory is the West Michigan Environmental Action Council, headquartered in Grand Rapids, Michigan, and the Kalamazoo Environmental Council, Kalamazoo, Michigan which are involved in environmental issues in the western portion of the state.d). Wisconsin Electric Power Company: Upper Peninsula Environmental Council -Marquette Citizens for Water and Clean Sky -Bark River Sierra Club -Lansing (statewide membership) e). Wisconsin Public Service Corporation:

Complainants intervened in WPSCorp's pending electric rate case, U-13688; for purposes of that case, and as of April 26, 2003, a member organization, the Sierra Club, by itself, confirmed 14 member customers within the service territory of this utility.7. MEC and its member organizations also continue to recruit new members around the state on a routine basis.8. MEC's participation in this case is authorized under MEC procedures.

MEC has the full support of these organizations in pursuing intervention in MIPSC proceedings regarding cost and rate issues related to spent nuclear fuel (SNF) fees, storage, and disposal, and the 4 3240404vl 21483/092946 protection of ratepayer collected funds for these purposes, and also to other issues related to protection of ratepayers and the environment.

9. If called upon as a witness, I can testify competently to the facts contained herein.DEPONENT FURTHER SAYETH NOT.Jalfs Clift Subscribed to and sworn before me this /0 day of July, 2003 Patrickff.

Dichl, Notary Public Ingham County, Michigan My Commission Expires; March 15, 2005 PATFKS. DOL NOTARY PUBLIC WHW CO.,W -, 5 3240404v1 21493/092946 07/10/2003 THU 11:30 0TI/RX NO 82711 RO06 STATE OF MICHIGAN BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION In the Matter of the Formal Complaint of the MICHIGAN ENVIRONMENTAL COUNCIL, PUBLIC INTEREST RESEARCH GROUP IN MICHIGAN and MICHIGAN CONSUMER FEDERATION, for Commencement of a Generic Investigation and Contested Case, for Review and Audit of Books and Records, for Establishment of Separate Additional External Nuclear Plant Site Decommissioning Trusts, and for Adoption of Additional Ratemaking Remedies Relating to Spent Nuclear Fuel (SNF) Fees and Costs Collected in Rates by Nuclear Utilities Serving Michigan Including CONSUMERS ENERGY COMPANY, THE DETROIT EDISON COMPANY, INDIANA MICHIGAN POWER COMPANY/AMERICAN ELECTRIC POWER, WISCONSIN ELECTRIC POWER COMPANY, and WISCONSIN PUBLIC SERVICE CORPORATION.

/Case No. U-13771 AFFIDAVIT OF BRIAN IMUS STATE OF MICHIGAN COUNTY OF INGHAM)) ss.)I, BRIAN IMUS, being first duly sworn; depose and say as follows: 1. I am the Director of the Public Interest Research Group in Michigan (PIRGIM), a broad-based state-wide non-profit consumer protection and public interest organization made up of approximately 10,000 members located within and throughout Michigan.

PIRGIM's members include citizens who purchase their electricity from respondent nuclear utilities.

3241416vl 21483/092946 PIRGIM's headquarters are located at 122 South Main Street, Suite 370, Ann Arbor, Michigan 48104.2. I concur in the descriptions of the three organizations joining in the Complaint in this case, as stated in paragraphs 1-6 of the Complaint (p 3-6); and specifically with respect to PIRGIM.3. A more complete description of PIRGIM is available at its website address (http://pirgim.org).

4. 1 believe that PIRGIM has numerous citizen ratepayers located within the relevant service territories of the respondent utilities.

For example: (a) Detroit Edison serves Lapeer, St. Clair, Oakland, Macomb, Washtenaw, Wayne and Monroe Counties.

PIRGIM has about 6,970 members in these counties.(b) Consumers Energy serves much of central Michigan.

PIRGIM has members in Calhoun, Jackson, Ingham, and Shiawassee Counties as well as State Senate Districts 16, 32, 33 and 35. The total number of members in these areas is 1,312.(c) IM Power (American Electric Power) services Southwestern Michigan.

PIRGIM has members in Van Buren, Cass and Berrien Counties.

Our total membership in this area is 95.(d) Wisconsin Public Service Corporation's and Wisconsin Electric Power Company's service areas are in Michigan's Upper Peninsula.

PIRGIM has 131 members in Senate District 38 which is in this service area.5. PIRGIM also continues to actively recruit new members on a state-wide basis, which includes the service territories of all five (5) respondent utilities.

6. PIRGIM fully supports, and has authorized, this case action, and also interventions in other cases before the MPSC dealing with spent nuclear fuel (SNF) fees, storage, 2 3241416vl 21483/092946 and disposal, and the protection of ratepayer collected funds for these purposes, and also to other issues related to protection ofratepayers.

7. If called upon as a witness, I can testify competently to the facts contained herein.DEPONENT FURTHER SAYETH NOT.Bri6lu/t Imus Subscribed to and sworn before me this/Z..6 day of July, 2003 Judith Bradm n -,Ntr Public Ingham County, Michigan My Commission Expires: May 18, 2004 3 3241416vl 21483/092946 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of CONSUMERS ENERGY COMPANY, NUCLEAR MANAGEMENI tCOMPANY, LLC and Docket No. 50-255 ENTERGY NUCLEAR PALISADES, LLC AND ENTERGY NUCLEAR OPERATIONS.(Palisades Nuclear Plant, License No. DPR-20)APPENDIX EXHIBIT B TO REPLY OF PETITIONERS MICHIGAN ENVIRONMENTAL COUNCIL AND THE PUBLIC INTEREST RESEARCH GROUP IN MICHIGAN TO APPLICANTS' RESPONSE DATED JANUARY 10, 2007 A brief history of the Michigan Environmental Council Pagel of3 1ýA, V X, Co tctv Voice foir Otoi Eii virunnimemi CONTACT US ABOUT US DONATE NOW $SIARGIM W46. ., -1 AB OUT MEC* Member Groups* Staff* Funders* Our History* Employment

• Guest Book e Board Members*ý "HSTR POJC#- *ýG*The Michigan Environmental Council 9 A BRIEF HISTORY MEC"0 6SU" VVICTORMS& ISSUE.S Mission Statement:

The Michigan Environmental Council, a coalition of environmentally concerned organizations, protects Michigan's natural resources and promotes a healthy environment for this generation and those to come.The Michigan Environmental Council (MEC), a coalition of environmental and public health organizations, was founded in 1980 by six organizations

-the Michigan and Detroit Audubon Societies, the Flint Environmental Action Team, the Sierra Club's Mackinac Chapter and the East and West Michigan Environmental Action Councils -to represent the environmental community in public policy debates and to coordinate the flow of information originating from the State Capital. Since then, the organization has built a strong staff with increasing capacity and greater prominence in the governmental and environmental policy making arena. Our coalition has grown to include almost 70 member groups and 11 full-time staff.In the early 1980s, MEC was instrumental in strengthening the regulation of toxics. Michigan was a leader in using peer-reviewed scientific information relating to the effects of toxic chemicals on human health, and MEC's contribution led to the regulation of toxic substances being discharged into our waterways.

MEC also played a key role in the 1980s in establishing health-based air quality standards.

We pushed state officials to develop a solid waste management hierarchy and drafted 1985's Clean Michigan Fund recycling legislation.

We helped devise a toxics reduction strategy for the Great. Lakes and opposed Great Lakes water diversion.

Staff appeared before state commissions on a regular basis -including the Air Pollution Control Commission, the Water Resources Commission and the Natural Resources Commission

-to testify regarding toxics in fish and other environmental and public health issues. We also supported then-Governor Jim Blanchard's efforts to create an Office of the Great Lakes and a state Council on Environmental Quality, and we organized the successful campaign to pass landmark "polluter pay" legislation

-sponsored by then-Senator Lana http://www.'necprotects.org/mechistory.html 1/10/2007 A brief histoij c;' he Michigan Environmental Council Page 2 of 3 Pollack - as well as an $800 million environmental bond proposal in 1988 The decade of the 1990s saw MEC's work expand from proactive policy making to include defending existing standards and protections. An anti- environmental administration sought to roll back or gut a number of environmental protections (including Pollack's "polluter pay" law, which saved taxpayers $100 million before it was repealed in 1995), and MEC was forced to work to lessen the harmful impacts of bad state environmental policies while at the same time continuing to develop and promote bold new policy ideas.

Our efforts to defend and enhance our environment have been successful:

we helped organize a successful legal strategy that resulted in a critical state Supreme Court decision upholding environmental laws; authored a new "right to know" program which enables citizens to obtain community-level information on emissions and compliance with environmental laws; helped block the restart of an old, dirty, coal-fired power plant which would have threatened public health and exacerbated the global greenhouse gas problem; helped change a "polluter secrecy law" that gave polluting companies and governments a shield from inspection and prosecution; and killed "takings" legislation that would have gutted laws protecting wetlands, sand dunes and other vital and sensitive land resources. We also worked with an ad-hoc committee to make Michigan's 1998 and 1999 fish consumption advisories more protective of women and children, successfully pressuring state officials to reverse their position. MEC continues to leave its mark on state environmental policies and programs.

We played a major role in reshaping the Engler Administration's economic development bond proposal into a true environmental proposal, adding $90 million for water quality improvement and protection and

$20 million for pollution prevention.

The proposal was approved by 63 percent of voters in November of 1998. More recent accomplishments include the creation of a Low Income Assistance and Energy Efficiency Fund which will provide up to $300 million to increase energy efficiency in Michigan, reducing harmful air and water pollution while protecting low income ratepayers from high heating bills. MEC is now widely recognized as the voice of Michigan's environment in ways its founders could not have anticipated back in 1980. We provide training and support for our member groups; organize workshops and foster partnerships among environmental organizations and other communities, including children's advocates and faith-based organizations; and conduct groundbreaking policy research and analysis, among other efforts.

MEC is often the first point of contact when state or national media seek the views of Michigan environmentalists.

We are ccmmitted to promoting a healthy environment for this generaticti and those to ccme. Michigan Environmental Council 119 Pere Marquette Drive, Suite 2A Lansing, Michigan 48912 (51 7) 487-9539 (51 7) 487-9541 FAX info@mecprotects~

Member Groups Page 1 of I11 Member Groups Page 1 of 11 A A A t 'il Iect.,ie Voice for, Otr Eiiii-miiroiet-nt CONTACT US ABOUT US DONATE NOW SEARCH F AI1OUT-MlEP----

• Member Groups M E MBER GR ()UP S MEC is growing! Six groups founded MEC in 1980.Today we are at over 70 member organizations.

Some are affiliates of national organizations; others are grassroots nrou sjn that work at the community level. All of them supply the strength and support MEC needs to assure protection of our environment.

0 Staff Fund,-Ier* Our History* Employment

• Guest Book* Board Members jlý ISTOY PRJEC 10ý'L~bISLAfI*

P ISSUES I 4 Towns Citizens Action Team Julie LeBlanc 7071 Locklin St.West Bloomfield, MI 48324 (248) 363-6128 juliejack3@aol.com www.4townsunionlake.org Alliance for the Great Lakes Jamie Morton 700 Fulton St. Suite A Grand Haven, MI 49417 (616) 850-0745 (616) 850-0765 fax MichiganC.greatlakes.org www.lakemichigan.org American Lung Association of Michigan Ray Maloni, Direcotr of Business Operations 25900 Greenfield Rd., Ste 401 Oak Park, MI 48237 (248) 784-2022 rmaloni~calam.org www.alam.org if wI r<:0 n mnlszý il Anglers of the AuSable Calvin Gates, Jr 403 Black Bear Drive Grayling, Michigan 49738 USA (989) 348-8462 gator(agateslodge.com www.ausableanglers.org Arab Community Center for Economic and Social Services (ACCESS)Kathryn Savoie, Ph.D.6450 Maple St.

Dearborn,

MI 48126 (313) 216-2225 ksavoie~caccesscommunity.org www.accesscommunity.org Brownstown Land Conservancy Richard Smith http://www.mecprotects.org/members.html 1/l10/2007 Member Grcuips Page 2 of 11 24781 Pamela St.Brownstown, MI 48134 (734) 782-5834 (734) 675-2692 rsmith97@wdl.net Citizens for Alternatives to Chemical Contamination Carey Pauquette-Schalm, Administrator 8735 Maple Grove Road Lake, MI 48632-9511 (989) 544-3318 adminDcaccmi.org www.caccmi.org Citizens for Water and Clean Sky Freda St. John 5200 D Road Bark River, MI 49807 (906) 789-5107 (906) 789-5130 fax rstiohnDup.net Clean Water Action David Holtz 1200 Michigan Avenue East Lansing, MI 48823 (517) 203-0754 (517) 203-0760 fax dholtz(bcleanwater.org www.cleanwateraction.org Concerned Citizens of Acme Township Denny Rohn 9267 Shaw Road Williamsburg, MI 49698 (231) 938-2748 mdwr@aol.com Detroit Audubon Society Gisela King 9601 Fish Lake Road Holly, MI 48442 (248) 634-7668 glendlecatt.net Detroiters Working for Environmental Justice Donele Wilkins P0 Box 14944 Detroit, MI 48214 (313) 833-3935 (313) 833-3955 fax dwdwei(Daol.com www.dweo.org Dwight Lydell Chapter of the lzaak Walton League of America John Trimberger, Conservation Chairman 6260 Blythefield NE Rockford, MI 49341 (616) 866-8475 jtrimber~earthlink.net www.michiganikes.org/

http://www.mecprotects.org/members.html 1/10/2007 Member Gra ~5;; Page 3 of 11 East Michigan Environmental Action Council Diana Seales 21220 W. 14 Mile Rd. Bloomfield Hills, MI 48301 -4000 (248) 258-51 88 (248) 258-5 189 fax director@emeac.orq www.emeac.orq Ecology Center Mike Garfield 117 N. Division Ann Arbor, MI 481 04 (734) 663-2400 (734) 663-241 4 fax michaelq@ecocenter.org www.ecocenter.org Environment Michigan Mike Shriberg 103 E. Liberty, Suite 202 Ann Arbor, MI 48104 (734) 662-6597 (7341 662-8393 fax Environmentally Concerned Citizens of South Central Michigan Richard A. Chudey 13854 Emens Dr. Hudson, MI 49247 (51 73 383-251 9 bevrca@frontiernet.net http://nocafos.orq/

Friends of the Cedar River Watershed Larry Rochon 872 Bron-Del Petoskey, MI 49770 (231) 347-1 579 phone and fax rochon@freeway.net Friends of the Crystal River Barbara Weber P.O. Box 123 Glen Arbor, MI 49636 (231 ) 386-9285 (231) 386-9485 fax bqweber@attqlobal.net www.friendsofthecwstalriver.org Friends of the Detroit River Jane Mackey 3020 Oakwood Blvd Melvindale, MI 48122 (3 13) 388-8892 river@detroitriver.org www.detroitriver.org Friends of the Jordan River Watershed John Richter P.O. Box 412 Member Groups Page 4 of 11 East Jordan, MI 49727 (231) 536-9947 (231) 536-9947 fax fokcfriendsoftheiordan.org www.friendsoftheaordan.org Friends of the Rouge Carolyne McCaughey University of Michigan -

Dearborn 4901 Evergreen,

220 ASC

Dearborn,

MI 48128 (313) 792-9900 (313) 792-9628 fax edotherouge.org www.therouge.org Grand Traverse Band of Ottawa and Chippewa Indians Andrew Knott 2605 N. West Bayshore Drive Peshawbestown, Ml 49682 (231) 271-7368 (231) 271-7715 fax aknott~cDtbindians.com Great Lakes Bioregional Land Conservancy Leo W. Dorr 1062 Morris Rd.Lapeer, MI 48846-9439 (810) 664-5647 (810) 664-5682 fax Idorr(ausol.com http://glblc.lapeer.org/

Hamtramck Environmental Action Team Rob Cedar 3338 Doremus Street Hamtramck, MI 48212 (313) 871-9002 RobC313(@aol.com Huron River Watershed Council Laura Rubin 1100 N. Main St., Ste. 210 Ann Arbor, MI 48104 (734) 769-5123 (734) 998-0163 Fax lrubin(ahrwc.orq www.hrwc.org Kalamazoo Environmental Council Don Brown 1624 Grand Ave.Kalamazoo, MI 49006 (269) 344-0536 mbrowncDkalnet.net League of Michigan Bicyclists Rich Moeller, Ex. Director 410 South Cedar Street, Suite G Lansing, MI 48912 (517) 334-9100 (517) 334-9111 fax office(@Imb.org http://www.mecprotects.org/members.html 1/10/2007 Member Groups Page 5 of 11 www.lmb.org League of Women Voters of Michigan Pat Donath 200 Museum Dr, Ste. 104 Lansing, MI 48933 (517) 484-5383 officeIlwvmi.orq www.lwvmi.org Liaison for inter-Neighborhood Cooperation Eleanor Luecke 1893 Birchwood Dr.Okemos, MI 48864 (517) 349-4306 luecke1893@aol.com Livingston Land Conservancy Sara Thomas P.O. Box 236 Brighton, MI 48116-0236 (810) 229-3290 infoalivingstonlandconservancy.org www.livingstonlandconservancy.org LocalMotion Robin Heller 16824 Kercheval Avenue, Suite 8100 Grosse Pointe, MI 48230 (313) 881-2263 rhellerIlocal-motion.org www.local-motion.org Lone Tree Council Terry Miller 4649 David Ct.Bay City, MI 48706 (989) 686-6386 terbara.charter.net Michigan Audubon Society Mike Boyce, President Michigan Audubon Society 6011 W. St. Joseph Hwy, Ste. 403 Lansing, MI 48917 (517) 886-9144 mikea~michiganaudubon.orq www.michiganaudubon.org Michigan Chapter of the North American Lake Management Society Ann St. Amand, Secretary 620 Broad Street, Suite 100 St. Joseph, MI 49085 (269) 983-3654 (866) 728-5579 fax astamandaphycotech.com Michigan Citizens Against Toxic Substances William Tobler 13555 Bunton Rd Willis, MI 48191-9757 http://www.mecprotects.org/members.html 1/10/2007 Member Groups Page 6 of 11 (734) 587-3631 williamtobler(critterswoods.org www.mcats.org Michigan Citizens for Water Conservation Terry Swier 14134 Percy Dr.Mecosta, MI 49332 (231) 972-8856 (231) 972-8892 tswieracenturytel.

net www.savemiwater.org/

Michigan Coalition on the Environment and Jewish Life (MICOEJL)Sara Bernstein 6735 Telegraph Rd. Ste 205 Bloomfield Hills, MI 48301 (248) 642-5393 (248) 642-6469 fax mi-coeil(djfmd.org Michigan Interfaith Power and Light Fr. Charles Morris P.O. Box 4606 East Lansing, MI 48826 (734) 552-0104 miipandl@yahoo.com www.miipl.org Michigan Land Trustees, Inc.Ken Dahlberg 2427 Kensington Dr.Kalamazoo, MI 49008 (269) 343-4748 www.michiganlandtrust.org Michigan Land Use Institute Hans Voss P.O. Box 500 Beulah, MI 49617 (231) 882-4723 (231) 882-7350 fax hans(c mlui.org www.mlui.org Michigan League of Conservation Voters Education Fund Lisa Wozniak 213 W. Liberty St., Suite 300 Ann Arbor, MI 48104 (734) 222-9650 lisaDmichiganicv.org www.michiganlcv.org Michigan Mountain Biking Association Todd Scott 5119 Highland Rd. PMB 268 Waterford, Ml 48327 (248) 288-3753 execdircDmmba.orq www.mmba.orq Michigan Natural Areas Council Christopher Graham http://www.mecprotects.org/members.html 1/10/2007 Member Groups Page 7 of I I 925 Aberdeen Dr.Ann Arbor, MI 48104 (734) 975-7800 (734) 975-2424 fax grahamzoumich.edu www.cyberspace.org/-mnac Michigan Nature Association Jeremy Emmi 326 E. Grand River Ave.Williamston, MI 48895 (517) 655-5655 (517) 655-5506 fax ierermyemmrni(Dmichiciannature.org www.michigannature.org Michigan Nurses Association Tom Bissonnette 2310 Jolly Oak Rd.Okemos, MI 48864 (517) 349-5640 (517) 349-5818 fax tom.bissonnettetcminurses.org www.minurses.org Michigan Organic Food and Farm Alliance Taylor Reid PO Box 36880 Grosse Pointe Farms, MI 48236 (810) 659-8414 reidtayl(5msu.edu www.moffa.org Michigan Recycling Coalition Nancy Hawkins 3225 W. St. Joseph Lansing MI 48917 (517) 327-9207 (517) 321-0495 fax nancyh eurich.com www. michiganrecycles.org Michigan Resource Stewards Dave Borgeson c/o Tom Jenkins Traverse City, MI 49686 davidpborgesonCd)aol.com www. miresourcestewards.org Michigan Trails and Greenways Alliance Nancy Krupiarz 410 S. Cedar St. Ste. A Lansing, MI 48912 (517) 485-6022 (517) 485-9181 fax nancy@michigantrails.org www.michigantraiis.org Mid-Michigan Environmental Action Council Gene Townsend Jessica Yorko PO Box 17164 Lansing, MI 48901 (517) 485-9001 http://www.mecprotects.org/members.html 1/10/2007 Member Groups Page 8 of 1 1 Milan Area Concerned Citizens Jim Hokenson PO Box 22 Nl~lan, NII 48160 (734) 439-841 4 raiIyard@dundee.net www.stopqmrailyard.com Mott Community College Environmental Club Suzanne Lossing 1401 E. Court St. Flint, MI 48502 (81 0) 762-0520 vslossinq@.mcc.edu National Environmental TrustlMl Vicki Levengood, Michigan Representative 1606 Melrose East Lansing, MI 48823 (51 7) 333-5786 vleven@ameritech.net www.environet.org Northern Michigan Environmental Action Council Ken Smith 3055 Cass Road, Suite 102-8 Traverse City, lbll 49684 (231) 946-6931 (231) 947-5734 fax nmeac@,traverse.com www. nmeac.org Oakland Land Conservancy Donna Folland PO Box 80902 Rochester, MI 48308 (248) 601 -281 6 folland@wnet.com www.oaklandlandconservancv.org Public Interest Research Group in Michigan (PIRGIM)

David Pettit 103 East Liberty, Suite 202 Ann Arbor, lbll 481 04 (734) 662-6597 (734) 662-8393 fax doettit@pirgim.org www.pirqim.org Republicans for Environmental Protection, Michigan Chapter Rob Sission 606 Cherry St.

Sturgis, MI 49091 (269) 651 -9397 robsisson@yahoo.com www.repamerica.orq/mi/mi index. html Romulus Environmentalists Care About People (RECAP) R.P. Lilly Member Groups Page 9 of 11 17220 Hannan New Boston, MI 48164 (734) 753-4320 (734) 753-4320 fax Scenic Michigan Abby Dart 445 E. Mitchell Petoskey, MI 49770 (231) 347-1171 (231) 347-1185 fax info@scenicmichigan.org www.scenicmichiaan.ora Sierra Club, Michigan Chapter Anne Woiwode 109 E. Grand River Lansing, MI 48906 (517) 484-2372 (517) 484-3108 fax anne.woiwode(Dsierraclub.org www.sierraclub.

org/chapters/mi Sisters, Servants of the Immaculate Heart of Mary Sister Janet Ryan 610 West Elm Avenue Monroe, MI 48162 (734) 240-9700 (734) 240-9784 fax jryanDihmsisters.org www.ihmsisters.org Southeast Michigan Land Conservancy Jack Smiley 8383 Vreeland Road Superior Twp., Ml 48198 (734) 484-6565 smileysmlcDaol.

com www.landconservancy.com Southwest Detroit Environmental Vision Lisa Goldstein P.O. Box 09400 Detroit, MI 48209 (313) 842-1961 (313) 842-2158 fax lisa swdevcDflash.net www.sdevonline.org Tip of the Mitt Watershed Council Gail Gruenwald 426 Bay St.Petoskey, MI 49770 (231) 347-1181 (231) 347-5928 fax gailDwatershedcouncil.org www.watershedcouncil.org Transportation Riders United Megan Owens 500 Griswold, Suite 1650 Detroit, MI 48226 http://wwvw.mecprotects.org/members.html 1/10/2007 Member Groups Page 10 of I I (313) 963-8872 (313) 963-8876 fax trumemberadetroittransit.orq www.detroittransit.org Upper Peninsula Environmental Coalition Jon Saari P.O. Box 673 Houghton, MI 49931 (906) 534-7899 jsaarinmu.edu www.upenvironment.orq Urban Options Aileen Gow 405 Grove St.East Lansing, MI 48823 (517) 337-0422 (517) 337-0437 fax aileen(5urbanoptions.org www.urbanoptions.orq Voices for Earth Justice Patricia Gillis 26672 Elm Street Roseville, MI 48066 (586) 779-8015 voices4earth(aiuno.com www.voices4earth.org Washtenaw Land Trust Susan Lackey 1100 N. Main St. #203 Ann Arbor, MI 48104 (734) 302-5263 (734) 302-1804 fax info(uwashtenawlandtrust.org www.washtenawlandtrust.org West Michigan Environmental Action Council Lisa Locke 1007 Lake Dr SE Grand Rapids, MI 49506 (616) 451-3051 (616) 451-3054 fax infoDwmeac.org www.wmeac.org Michigan Environmental Council 119 Pere Marquette Drive, Suite 2A Lansing, Michigan 48912 (517) 487-9539 (517) 487-9541 FAX info@mecprotects.org http://www.mecprotects.org/members.html 1/10/2007 About MEC Pagel of3 Ab I MECPg f Al YN4NAL..ON I A Ccillective Voice r Our iivroni CONTACT US ABOUT US DONATE NOW SEARCI4 A BO U T .M/E. C* Member Groups* Staff* Funders* Our History* Employment

• Guest Book* Board Members YOU CAN MAKE A DIFFERENCE WITH MEC HISTORY PROJECT LEGISLATION PUBLICATIONS NEWS SPOTLIGHT SUPPORT MEC""TORY VICTORIES gi ISSUE'S .1 The Michigan Environmental Council (MEC) provides a collective voice for the environment at the local, state and federal levels. Working with our member groups and their collective membership of nearly 200,000 residents, MEC is addressing the primary assaults on Michigan's environment; promoting alternatives to urban blight and suburban sprawl; advocating for a sustainable environment and economy;protecting Michigan's water legacy; promoting cleaner energy; and working to diminish environmental impacts on children's health.Since our inception in 1980, MEC has been responsible for countless victories for our environment.

Join us in the fight. You can make a difference with MEG!LAND STEWARDSHIP We support policies that foster a new approach to Michigan's land resources.

This approach promotes sustained, healthy ecosystems and biological diversity.

It will also reverse trends that now favor urban decay and sprawl and the loss of open spaces, while providing momentum for revitalization of cities, the protection of natural features and land dependent economies (farming, forestry and recreation), and the establishment of new patterns of development as alternatives to low density, land consumptive sprawl. We seek a Michigan Smart Growth program which includes:* Statewide land use goals and coordinated planning among all levels of government;

• A full complement of growth management and urban revitalization tools for local governments including transfer of development rights (TDR), purchase of*development rights (PDR), urban growth boundaries, Urban Service Districts, geographic information systems regional revenue sharing and a streamlined tax reversion process to promote urban redevelopment;

• A framework of state programs (tax incentives, grants, infrastructure investment, etc.) to encourage the use of the tools or plan in accordance with the goals;* Shifts in transportation funding priorities to maintain Michigan's existing road system instead of building new highways and paving more rural roads, and to provide greater emphasis on public transportation;

• Economic impact statements that will provide information needed to stop public subsidies for sprawl; and* New models of cooperation and planning based on local demonstration projects undertaken by our members.CHILDREN'S HEALTH http://www.mecprotects.org/About.html 1/1 0/2007 About MEC Page 2 of 3 We favor state laws and policies at all levels of government that protect children from toxic pollutants and other environmental risks. Children's unique metabolism, sensitivity and behavior place them at special risk of illness and physical and mental impairments from pollution.

Low-income and minority children are particularly at risk because they tend to live in more polluted conditions.

We seek:* State laws that base pollution standards on protection of children, not adults;* An aggressive state program to prevent environmental lead poisoning of children;* Public health information that enables parents and guardians to protect their children from risks through consumption of contaminated sportfish, inhalation of air fouled by smog and soot, sewage at public beaches, and exposure to toxic substances in consumer products,* Changes in DEQ practice to consider the cumulative effects of all air pollution sources, not just a single proposed new source, on the health of children and 6ther sensitive populations;

• Promulgation of rules required by Michigan's Safe Drinking Water Act to provide timely public health advice on the effect of drinking water contaminants on the health of children and other sensitive populations; and* An overall state emphasis on prevention rather than control of pollution, in order to avoid unnecessary risk to children.SUSTAINABLE ENVIRONMENT, SUSTAINABLE ECONOMY We support policies and practices that contribute to a sustainable economy and a sustainable environment.

Policies that promote clean air, clean water, and recreational resources improve quality of life and make Michigan and its communities both more attractive and more profitable.

We seek:* To assure that electric industry restructuring provides incentives for cleaner air and new green industries by funding energy efficiency and wind, solar and other clean power options, while decreasing the amount of electricity generated by burning dirty coal;*.To encourage the auto industry, labor, and vehicle buyers to support innovative automobile technology that will protect Michigan's leading industry while helping curb emissions that jeopardize human health and foster global warming;* Prudent investments in pollution prevention programs that enable businesses to become more competitive and cleaner at the same time;* Passage of legislation creating a heritage program license plate to provide funding for natural heritage programs that educate citizens about, and assure protection of, Michigan's legacy of diverse wildlife and landscapes; and* To provide state tax incentives for environmentally progressive actions by corporations and individuals, including the reduction of toxic chemical use, full cleanup of contaminated sites, manufacture of high-efficiency alternative technology automobiles, and the manufacture of products from recycled materials.

OPEN GOVERNMENT Once the country's leader in both environmental protection and citizen participation in decision making, Michigan now lags behind the nation in both. Too many decisions affecting public health and the environment are now made behind closed doors to benefit special interests rather than the public as a whole. We seek: http://www.mecprotects.org/About.html 1/10/2007 About MEC Page 3 of 3* Reform of the DEQ's decision making process to promote environmental justice for all citizens through a fair, open public participation process; Creation of an Environmental Quality Commission of citizens to oversee the DEQ, which was itself created without citizen comment or participation;

• Legislation to protect the public's right to know and understand the condition of the environment through collection and reporting of data on our air, water and land quality;* Reinstatement of the state's toxic chemicals public reporting program, which was unilaterally suspended by the DEQ in 1995; and* Careful watch-dogging of spending priorities for'the $675 million voter-approved 1998 environmental bond issue to assure that promises about the use of the money that were made to taxpayers are kept.PROTECTING OUR WATER No resource defines Michigan like water. Our state is surrounded by four of the world's largest lakes and the Great Lakes hold 80% of North America's surface freshwater; we have 11,000 inland lakes, 5.5 million acres of wetlands and 3,288 miles of Great Lakes shoreline as well as abundant, high quality groundwater.

Michigan's water legacy is at risk from current policies which promote degradation and wetland destruction.

We seek:* Spending of $90 million in water quality funding from the 1998 bond to protect inland lakes, clean up Lake St.Clair, and keep the state's promises to make Lake Superior a water model for the world;* Reform of the DEQ's wetland program, which is troubled by allegations of bias toward wetland destruction, to assure protection of this critical resource;* Enactment of legislation to limit water withdrawals from rivers and from groundwater in order to protect high quality rivers and groundwater supplies;* Reform of the state's policies toward intensive agricultural facilities to protect rivers, lakes and public health from severe runoff; and* Strong policies to prevent new or increased diversions or commercial sales of Great Lakes water.Michigan Environmental Council 119 Pere Marquette Drive, Suite 2A Lansing, Michigan 48912 (517) 487-9539 (517) 487-9541 FAX infLo@mrc pro tec ts.oirg Copyright 2002 Michigan Environmental Council http://www.mecprotects.org/About.html 1/10/2007 PIRGIM Page 1 of 1 HOW YOU CAN HELP Energy Efficient Michigan Protecting Privacy, Prevent Identity Theft Financial Literacy Health Care Reform Cell Phone Users'Bill-of-Rights Internet Freedom 2006 Legislative Priorities Find Your Legislators Citizen Activist Toolkit Legislative Scorecards Share Your Story: Consumer Complaints NEWS ROOM REPORTS RESULTS MEMBERSHIP Mission Statement When consumers are cheated or the voices of ordinary citizens are drowned out by special interest lobbyists, PIRGIM speaks up and takes action. We uncover threats to public health and well-being and fight to end them, using the time-tested tools of investigative research, media exposes, grassroots organizing, advocacy and litigation.

PIRGIM's mission is to deliver persistent, result-oriented public interest activism that protects consumers, encourages a fair, sustainable economy, and fosters responsive, democratic government.

PUBLIC INTEREST RESEARCH GROUP IN MICHIGAN 103 E. Liberty, Suite 202, Ann Arbor, Ml 48104 * (734) 662-6597 Contact Us Privacy Policy Internships Jobs PIRGIM Education Fund Web Resources Other State PIRGs PIRGIM's Mission Our Staff Newsletters Annual Report http://pirgim.org/MI.asp?id2=

17532&id3

=Ml&1/10/2007 PIRGIM Page 1 of 1 HOW YOU CAN HELP Energy Efficient Michigan Protecting Privacy, Prevent Identity Theft Financial Literacy Health Care Reform Cell Phone Users'Bill-of-Rights Internet Freedom 2006 Legislative Priorities Find Your Legislators Citizen Activist Toolkit Legislative Scorecards Share Your Story: Consumer Complaints PIRGIM Education Fund Web Resources Other State PIRGs PIRGIM's Mission Our Staff Newsletters NEWS ROOM REPORTS RESULTS MEMBERSHIP Energy Efficient Michigan Overview I Fact Sheet I What's New, On March 15, PIRGIM released a report showing that by passing energy-saving " ,i. ,, appliance standards, Michigan's Consumers would save over $2.5 billion. Read the press ,.re lea se .::: :: :-' , ,

,, : On March 7, PIRGIM Director Mike Shriberg testified before the Michigan Public Service Commission about the need to restart Michigan's energy efficiency programs.

Read PIRGIM's statement.

How You Can Help: Ask Gov. Granholm to help MI save money on natural gas.Brief Summary With skyrocketing energy prices, increased reliance on foreign and out-of-state oil and natural gas, and increasing environmental destruction caused by our current energy path, the time is now to stop wasting energy in Michigan.

Michigan's current energy path is supported by the coal, utility, and other industries, whose leaders mistakenly believe that the solution to our energy problems is more dirty power plants. These special interests have blocked meaningful policy changes and have been successful in securing huge subsidies for the fossil fuel industries long after they should have been able to compete without them.Meanwhile, they have created and maintained barriers to prevent Michigan from using less energy. Yet, surveys repeatedly show strong support among Michiganders for energy efficiency, renewable energy and for decreasing our reliance on out-of-state fossil fuels. More.Learn about PIRGIM's work.with the Energy Star Program.Annual Report Overview I Fact Sheet I PUBLIC INTEREST RESEARCH GROUP IN MICHIGAN 103 E. Liberty, Suite 202, Ann Arbor, MI 48104 * (734) 662-6597 Contact Us Privacy Policy Internships Jobs http://pirgim.org/Ml.asp?id2=

12953 &id3=MI&1/1 0/2007 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of CONSUMERS ENERGY COMPANY, NUCLEAR MANAGEMENT COMPANY, LLC and Docket No. 50-255 ENTERGY NUCLEAR PALISADES, LLC AND ENTERGY NUCLEAR OPERATIONS.(Palisades Nuclear Plant, License No. DPR-20)PROOF OF SERVICE STATE OF MICHIGAN ))ss.COUNTY OF INGHAM )Patricia A. Tooker, being duly sworn, deposes and says that she is an employee of Clark Hill PLC, and that on January 10, 2007, she served a copy of the REPLY OF PETITIONERS MICHIGAN ENVIRONMENTAL COUNCIL AND PUBLIC INTEREST RESEARCH GROUP IN MICHIGAN TO APPLICANTS' RESPONSE, upon: SEE ATTACHED SERVICE LIST Service was accomplished by depositing same in a regular United States Postal Service mail depository, enclosed in envelopes bearing first-class postage, fully prepaid and properly addressed and via electronic mail.u_4J41 Patricia A. Tooker Subscribed and sworn to before me this 10th day of January, 2007.11/d, /.4Z .yi Ai Mary E. Ttirrcy, Notary Public (State of Michigan County of Ingham Acting in Ingham County, Michigan My Commission Expires: March 20, 2012 5360198.1 21483/111907 SERVICE LIST DOCKET NO. 50-255 Secretary of the Commission Attn: Rulemakings and Adjudications Staff U.S. Nuclear Regulatory Commission Washington DC 20555-0001 E-Mail: HEARINGDOCKET@gcNRC.GOV Douglas E. Levanway Wise, Carter, Child, and Caraway P.O. Box 651 Jackson, MS 39205 E-Mail: DEL(Dwisecarter.com Sam Behrends LeBoeuf, Lamb, Greene & MacRae 1875 Connecticut Avenue, NW, Ste. 1200 Washington DC 20009 E-Mail: Sbehrendgllgm.com General Counsel U.S. Nuclear Regulatory Commission Washington DC 20555-0001 E-Mail: OGCLTUNRC.gov Richard D. Reed David A. Lewis LEWIS REED & ALLEN, P.C.136 E. Michigan Avenue, Suite 800 Kalamazoo, MI 49007 E-Mail: n'eed(@lewisreedallen.com 2 5360198.1 21483/111907 CLAx HILL PLC ATTORNEYS A T LAW 212 East Grand River Avenue Lansing, Michigan 48906 Tel. (517) 318-3100 d Fax (517) 318-3099 www.clarkhill.com Don L. Keskey Phone: (517) 318-3014 E-Mail: dkeskey@clarkhill.com I~nnrui w~ 1 "fl fJanuarLfly 10*, 2007 Secretary of the Commission ATTN: Rulemakings and Adjudications Staff U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 E-Mail: HEARINGDOCKET@NRC.GOV Re:- In the Matter of Consumers Energy.Company, Nuclear Management Company, LLC, and Entergy Nuclear Palisades, LLC and Entergy Nuclear Operations (Palisades Nuclear Plant, License No. DPR-20)Docket No. 50-255

Dear Sir/Madam:

Attached is the email filing of the following:

1. January 10, 2007 cover letter 2. Reply Of Petitioners Michigan Environmental Council And Public Interest Research Group In Michigan To Applicants' Response 3. Proof of Service.Please confinn by return email that you have received these documents for electronic filing.Very truly yours, CLARK HILL PLC Patricia A. Tooker Secretary to Don L. Keskey Email: ptookerZclarkhill.com Phone: (517) 318-3025 DLK:pat Enclosures 5375235.1 2148Vt6 l~itQvlichigan 0l Birmingham, Michigan W Lansing, Michigan 0 Grand Rapids, Michigan