Pilgrim Opponents File Zoning Complaint on Replacement Workers Sleeping at Plant

After hearing reports that replacement workers were sleeping in trailers at Pilgrim Nuclear Power Station during the lockout, Plymouth resident and Freeze Pilgrim member Ted Bosen has taken the issue into his own hands.

Bosen said the sleepover violates federal, state, and local laws and must be discontinued.

Monday he filed a complaint with the town's Inspectional Services Department. "The Entergy Corporation is in violation of the Plymouth Zoning Bylaw, as well as the State Sanitary Code and possibly Fire and Safety regulations as well, in that they are housing replacement workers overnight on the premises of an industrial-zoned parcel, thus engaging in a prohibited residential use of the zone," Bosen wrote in his letter to Paul McAuiliffe, director of Inspectional Services.

"I speak for myself and many concerned citizens who believe that Entergy should not be afforded any privilege to violate zoning regulations that are regularly enforced against Plymouth citizens. We anticipate that your department will do its job and enforce the local bylaw in this case, as well."

Bosen concluded the letter stating that if the town refuses act, "a group of 10 citizens stands ready to sue to compel such enforcement, but will seek its costs and attorney's fees if forced to act."

Also Monday, Plymouth resident Meg Sheehan sent an email to several members of the NRC staff questioning Entergy's decision to have workers sleep in trailers at the plant, or as she called it "operate a motel at the Pilgrim Nuclear Power Station."

She was answered later that day by the NRC's Pilgrim Branch Chief Ronald
Bellamy. Bellamy wrote that having workers sleep at the plant "is not an unusual preparation for conditions, including when hurricanes have been predicted near Pilgrim. For those short periods of time when workers have been held onsite past their normal shifts, we have determined the plant and that the health and safety of the public has been maintained."

Below is the full text of both letters and the responses:

Dear Mr. McAuliffe,

The Entergy Corporation is in violation of the Plymouth Zoning Bylaw, as well as the State Sanitary Code and possibly Fire and Safety regulations as well, in that they are housing replacement workers overnight on the premises of an industrial-zoned parcel, thus engaging in a prohibited residential use of the zone.

Enclosed is a picture taken of at least one makeshift “bedroom” created out of a small office space which makes it clear that sleeping quarters are in use on the plant premises. This was taken two days ago by a worker who wishes to remain anonymous.

Also enclosed is an NRC response to citizen's request for information where Pilgrim Branch Chief, Ronald Bellamy, admits that Pilgrim is housing workers onsite, which he justifies as having been done before for emergencies such as hurricanes. There is no such emergency now, however, nor is it a fortuitous event, as Entergy, itself chose to lockout workers and bring in replacements, so there is no justification to the unlawful use here.

I speak for myself and many concerned citizens who believe that Entergy should not be afforded any privilege to violate zoning regulations that are regularly enforced against Plymouth citizens. We anticipate that your department will do its job and enforce the local bylaw in this case, as well.

Please be advised that if the Town fails to act to do so, a group of 10 citizens stands ready to sue to compel such enforcement, but will seek its costs and attorney's fees if forced to act. Thank you for your prompt attention to this complaint. Please keep me advised of the Town's response.

Sincerely,

Theodore L. Bosen

...

Dear NRC Staff,

Can you explain to the public:

1. Where in Entergy's newly issued operating license it gives the company permission to operate a motel at the Pilgrim Nuclear Power Station, and

2. What NRC manual governs the practices and procedures for having staff sleep on site.

Thank you.

Margaret E. Sheehan
Attorney at Law
Volunteer & Concerned Citizen, Business Owner, and Property Owner
Plymouth MA

...

Ms. Sheehan
 
Weareas [sic] we reviewed was the capability of Entergy to adequately staff the station, in light of potential job actions.  Entergy formulated a plan to keep qualified workers onsite if they rest, some sleeping arrangements were made onsite. This is not an unusual preparation for conditions, including when hurricanes have been predicted near Pilgrim. 
 
Ronald R. Bellamy,
Pilgrim Branch Chief