HAND DELIVERED

RE: Indian Point 2 Accident

Dear Senator Schumer and Representatives Gilman, Kelly, and Lowey:

We would like to thank you for your presence at the Nuclear Regulatory Commission's June 25^th meeting in the Town of Cortlandt Manor to discuss several issues associated with the Indian Point 2 nuclear power plant (IP-2). As you know, the problems at Consolidated Edison's IP-2 reactor go beyond the February 15^th level 2 emergency that involved the rupture of a steam generator tube. In fact, the accident raises questions about Consolidated Edison's commitment to operate the IP-2 plant safely and how New York State and federal agencies are handling the impact of utility restructuring on the operation of nuclear power plants.

The history of repeated mismanagement of the IP-2 plant, in conjunction with the restructuring of the nuclear industry, makes for a frightening combination, as illustrated by the February 15th accident. The situation at IP-2 is reminiscent of the problems that plagued the Millstone reactors in Connecticut where the NRC allowed a deteriorating safety culture to go on for years.

New information reported in the New York Times on June 30^th provides additional evidence that electricity deregulation is compromising nuclear safety. The Times article focuses on a 1997 internal document produced by Consolidated Edison's financial planners. The planners concluded that replacing the reactor's steam generators soon was the cheapest option for customers and shareholders. Ultimately, the company went against the planners' recommendation and chose not to replace the steam generators because the utility was uncertain whether the move was a good financial bet in the emerging deregulated market.

The concern that energy deregulation would adversely impact nuclear safety prompted a coalition of 40 environmental and consumer groups, including Environmental Advocates, Pace Law School Energy Project, to deliver the attached February 2nd letter to Governor Pataki urging that the New York State Public Service Commission complete a full public review of key policy issues - particularly nuclear safety - associated with the operation of nuclear power plants in competitive markets prior to any consideration of their sale.

We are troubled that as New York State prepares for the economic deregulation of the nuclear power industry, several serious events have occurred at many of New York nuclear power plants. Since the February 2 letter, the IP-2 plant suffered a level two emergency and new information has been revealed about situations threatening worker health and safety at the Indian Point 3 nuclear power plant last year.

In light of these troubling developments, we are deeply concerned that the New York State Public Service Commission's generic proceeding (Case 98-E-0405) on nuclear power in competitive markets has been suspended with no apparent date for its continuation. For that reason, we have written to the Governor once again requesting his official intervention in requiring the PSC to reactivate and complete its generic proceeding prior to evaluating individual reactor sales.

A copy of this letter, dated May 26, has also been attached. We appreciate the opportunity to bring our concerns to your attention. We hope you will join us in the request we are making of the Governor.

We look forward to your reply and would be interested in meeting with you as soon as possible to discuss these issues and what actions might be taken.

Sincerely,

Kyle Rabin, Air and Energy Program Associate

Environmental Advocates

353 Hamilton Street

Albany, New York 12210

Ed Smeloff, Executive Director

Pace Energy Project

78 North Broadway, E-House

White Plains, New York 10603

David Lochbaum, Nuclear Safety Engineer

Union of Concerned Scientists

1616 P Street NW Suite 310

Washington, DC 20036

Brian Flack, Staff Attorney

New York Public Interest Research Group

9 Murray Street

New York, New York 10007

Debby Katz, Executive Director

Citizens Awareness Network

Box 83

Shelburne Falls, Massachusetts 01370

Tim Judson

Central New York Citizens Awareness Network

162 Cambridge Street

Syracuse, New York 13210

Marilyn Elie

Westchester Citizens Awareness Network

2A Adrian Court

Cortlandt Manor, New York 10567

Mark Jacobs, Executive Director

Westchester People’s Action Coalition

Dr. Martin Luther King, Jr. Boulevard

White Plains, New York 10601

Scott Cullen, Counsel

Standing for Truth About Radiation

P.O. Box 4206

East Hampton, New York 11937

Mrs. Mitchell Slater

Standing for Truth About Radiation

7 Kensington Rd.

Scarsdale, NY 10583

Westchester People’s Action Coalition

July 7, 2000

RE: Indian Point 2 Accident