ML041550194

Notice of Filing of Declarations in Support of Petitioners' Standing to Sue

ML041550194
Person / Time
Site:	Davis Besse
Issue date:	04/29/2004
From:	Lodge T - No Known Affiliation, Nuclear Information & Resource Service (NIRS)
To:	Bollwerk G, Kelber C, Lam P Atomic Safety and Licensing Board Panel
Byrdsong A T
References
+adjud/rulemjr200506, 50-346-CO, ASLBP 04-825-01-CO, RAS 7861
Download: ML041550194 (6)

Text

RAS 7g6f1 DOCKETED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD April 29, 2004 (4:37PM)

Before Administrative Judges: OFFICE OF SECRETARY G. Paul Bollwerk, III, Chairman RULEMAKINGS AND Dr. Charles N. Kelber ADJUDICATIONS STAFF Dr. Peter S. Lam In the Matter of ) Docket No. 50-346-CO FirstEnergy Nuclear Operating Co. ) ASLB No. 04-825-01-CO Davis-Besse Nuclear Power Station, Unit 1 ) April 29, 2004 NOTICE OF FILING OF DECLARATIONS IN SUPPORT OF PETITIONERS' STANDING TO SUE Now the Donna Lueke, Joanne DiRando, and Nuclear Information and Resource Service (by Paul Gunter), and as proof of their standing to proceed upon their March 29, 2004 petition, submit herewith the Declarations of Joanne DiRando, Donna Lueke, and on behalf of Nuclear Information and Resource Service, Charlene Johnston, a NIRS member.

In its "Establishment of Atomic Safety and Licensing Board" determination dated April 15. 2004, the NRC incorrectly characterized Paul Gunter as an "individual petitioner," when in fact he had petitioned in his capacity as a corporate official: Director of the Reactor Watchdog Project of the Nuclear Information and Resource Service, a grassroots membership organization headquartered in Washington, D.C. See 'Objections to Confirmatory Order Modifying License," i 3. The Declaration of Charlene Johnston is proffered in support of NIRS' standing, not Paul Gunter's as an individual person.

cfor edividual Petitioners relpla-te=S"6Cy-o/01C/- c;_

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

G. Paul Bollwerk, III, Chairman Dr. Charles N. Kelber Dr. Peter S. Lam In the Matter of ) Docket No. 50-346-CO FirstEnergy Nuclear Operating Co. ) ASLB No. 04-825-01-CO Davis-Besse Nuclear Power Station, Unit 1 ) April 26, 2004 DECLARATION OF JOANNE DIRANDO The following statements are true under the penalty of perjury.

1. My name is Joanne DiRando.

2. I live at 6747 Garden Road, Maumee, OH 43537. My home lies within 28 miles of the Davis-Besse Unit 1 Nuclear Power Station site located in Ottawa County, Ohio and owned by FirstEnergy Nuclear Operating Company. In March 2004, the Nuclear Regulatory Commission (NRC) approved the restart of the Davis-Besse reactor under confirmatory order following a two-year repair outage to replace the reactor pressure vessel head which had been allowed to corrode over a period of years to within less than 3/8-` of an inch of rupturing the pressure vessel due to the company's willful neglect of required surveillance, inspection, maintenance programs and the NRC's lack of safety oversight.

3. Based on the historical experience with nuciear reactors to date, I believe that these facilities are inherently dangerous. FirstEnergy's operation of the Davis-Besse nuclear power station prior to its shutdown in February 2002 demonstrated a willful neglect of public health and safety. Therefore, the restart of this nuclear power station so close to my home poses a grave risk to my health and safety. In particular, I am concerned that if- an accident involving atmospheric release of radiation were to occur, 1 could be killed or become very ill.

4. Therefore, I oppose the restart of the Davis-Besse Nuclear Power Station. , /

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

G. Paul Bollwerk, III, Chairman Dr. Charles N. Felber Dr. Peter S. Lam In the Matter of ) Docket No. 50-346-CO FirstEnergy Nuclear Operating Co. ) ASLB No. 04-825-01-CO Davis-Besse Nuclear Power Station, Unit 1 ) April 26, 2004 DECLARATION OF DONNA LUEKE The following statements are true under the penalty of perjury.

1. My name is Donna Lueke.

2. I live at 909 Elliott St., Marblehead, OH 43440-2108. My home lies within 1 I9miles of the Davis-Besse Unit 1 Nuclear Power Station site located 'itOttawa County, Ohio and owned by FirstEnergy Nuclear Operating Company. In March 2004, the Nuclear Regulatory Commission (NRC) approved the restart of the Davis-Besse reactor under confirmatory order following a two-year repair outage to replace the reactor pressure vessel head which had been allowed to corrode over a period of years to within less than 3 /8th of an inch of rupturing the pressure vessel due to the company's willful neglect of required surveillance, inspection, maintenance programs and the NRC's lack of safety oversight.

3. Based on the historical experience with nuclear reactors to date, I believe that these facilities are inherently dangerous. FirstEnergy's operation of the Davis-Besse nuclear power station prior to its shutdown in February 2002 demonstrated a willful neglect of public health and safety. Therefore, the restart of this nuclear power station so close to my home poses a grave risk to my health and safety. In particular, I am concerned that if an accident involving atmospheric release of radiation were to occur, I could be killed or become very ill.

4. Therefore, I oppose tbe restart of the Davis-Besse Nuclear Power St A:on.

'I! /DATE:

-(flgnat~ure)

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

G. Paul Bollwerk, II, Chairman Dr. Charles N. Kelber Dr. Peter S. Lam In the Matter of ) Docket No. 50-346-CO FirstEnergy Nuclear Operating Co. ) ASLB No. 04-825-01-CO Davis-Besse Nuclear Power Station, Unit I )

DECLARATION OF CHARLENE JOHNSTON The following statements are true under the penalty of perjury.

1. My name is Charlene Johnston. I am a member of Nuclear Information and Resource Service.

2. 1 live at 3417 Darlington Road, Toledo, Ohio. My home lies within 25 miles of the Davis-Besse Unit 1 nuclear power station site located in Ottawa County, Ohio and owned by FirstEnergy Nuclear Operating Company. In March 2004, the Nuclear Regulatory Commission (NRC) approved the restart of the Davis-Besse reactor under confirmatory order following a two-year repair outage to replace the reactor pressure vessel head which had been allowed to corrode over a period of years to within less than 3/8h of an inch of rupturing the pressure vessel due to the company's willful neglect of required surveillance, inspection, maintenance programs and the NRC's lack of safety oversight.

3. Based on the historical experience with nuclear reactors to date, I believe that these facilities are inherently dangerous. FirstEnergy's operation of the Davis-Besse nuclear powver station prior to its shutdown in February 2002 demonstrated a willful neglect of public health and safety. Therefore, the restart of this nuclear power station so close to my home poses a grave risk to my health and safety. In particular, I am concerned that if an accident involving atmospheric release of radiation were to occur, I could be killed or become very ill.

4. Therefore, I have authorized Nuclear Information and Resource Service to represent my interests in this proceeding by opposing the restart of the Davis-Besse nuclear power station.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ D ATE : '

Z/14.

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(Signatjre)

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

G. Paul Bollwerk, III, Chairman Dr. Charles N. Kelber Dr. Peter S. Lam In the Matter of FirstEnergy Nuclear Oberating Co. ) Docket No. 50-346-CO Davis-Besse Nuclear Pcwer Station, Unit 1 ) April 29, 2004 CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing NOTICE OF FILING OF DECLARATIONS IN SUPPOF.7 OF PETITIONERS' STANDING TO SUE have been served upon the following persons via deposit of paper copies in the U.S. first-class mail as indicated by an asterisk (*), and via electronic mail as ind--cated by a double asterisk (**):

Office of Commission Anpellate Adjudication*

• U.S. Nuclear Regulatsry Commission Washington, DC 20555-: 01 Administrative Judge G. Paul Bollwerk, T77, Chair**

Atomic Safety and Licensing Board Panel Mail Stoip - T-3 F23 U.S. Nuclear Regulatoryr Commission Washington, D.C. 20555-0001 E-mail: gpb@nrc.gov Administrative Judge 7:harles N. Kelber- **

Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulat-ry Commission Washington, DC 20555-J0l1 E-mail: cnk@nrc.gov Administrative Judge -e:er S. Lamrn Atomic Safety and Licensing Board Panel Mail Stop - T-3 FP2 U.S. Nuclear Reaula__:-. Commission Washington, DC 2055_5- ;01 E-mail: psl@nrc.gov

. I Lew W. Myers*

Chief Operating Officer FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station 5501 North State Route 2 Oak Harbor, OH 43449-9760 E-mail: lwmyers@firstenergycorp.com Steven P. Frantz, Esq.* **

Morgan, Lewis & Bockius LLP 1111 Pennsylvania Ave., N.W.

Washington, DC 20004 E-mail: sfrantz@morganlewis.com Lisa Clark, Esq.* +*

Office of the General Counsel U.S. Nuclear Regulatory Commission Mail Stop 0 15-D21 Washington, D.C. 20555 lbc@nrc.gov T rry odge C unse f r In W-idual Petitioners