ML17138B125

Petitions Us Senators from PA to Oversee Motion Before ASLB by Directing Gao Investigators to Visit for in-depth Insp. Contends That Serious Const Deficiencies at Facilities Have Been Covered Up

ML17138B125
Person / Time
Site:	Susquehanna
Issue date:	12/13/1979
From:	Halligan T PENNSYLVANIA POWER & LIGHT CO.
To:
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ML17138B124	List: ML17138B123 ML17138B125
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NUDOCS 8003060170
Download: ML17138B125 (16)

Text

Thorns s J. Halligan Box

..,q qq g:Z3 Scranton, Pa. 18501 December 1$ , 1979 Honorable Richard S. Schwe1ker United States Senate rla ah ington, D. C.

Dear Senator Schweiker:

The enclosed document submitted to the Atom1c Safety and L1censing Board 1s also, inclus1vely, an urgent appeal for your assistance. K1ndly read the enclosure (especially Part I) carefully and take affirmative action at the earliest possible opportunity in the public 1nterest.

In your letter of July 16, 1979, you took notice of our "special concern over the Nuclear Regulatory Commlss1on's handling

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of the licensing process for the proposed Berw1ck nuclear fac111ty."

You stated.,that you would have your staff "look into the matter."

Qur petit1on addressed to you and Senator Heinz (contained in our reply to the Licensing Board.) will certainly give you that opportunity con'cerning the Berwick atomic power station now under construction.

He would apprec1ate your full cooperation on this vital matter and hope to hear from you very soon. Your office may contact both

.'4s. Ire e t P.O. Box 377, RD l, Berwick,'a. 18603 (717-542-4900);

Nr. & Nr s. David and Nary K. Creas at 925 East 2nd gt., Berw1ck, Pa.

(717-759-l018), and. myself at the. above addr ess (717-$ 42-165$ )

Yours truly Cor re sponde Citizens Ag nst Nucl r Dangers gooioe ol 7g

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'RfnHeb Wfnfee Aenmfe WASHINGTON, D.C. TO510 July 16, 1979 Miss Irene Lemanowicz, Chairrrar.

Citizens Aqainst Nuclear Daagers Rt. 1, Box 37 7 Berwick, Pennsylvania 18603

Dear Miss Lemanowicz:

Iri view of the accident at Three, Mile Island, I fully understand your cor.cern over auclear plants currently under construction at various sites throughout the country, including .

those being built at Limerick aad Berwick, Pennsylyariia. Uatil we have assured ourselves that inadequate desiga and operating features which appareatly contributed to the 'Three Mile Island accident cari be corrected, it would be highly imprudent to go on building plants which may incorporate some of these same features. Re are in the process of reassessiag our auclear

- erierqy polx,cies, and the people liviag in the shadow of urifinished or pioposed plants are entitled to know whet,her they will be safe. Until we are certain that potential hazards to public health and safety can be controlled, we should approach any expansion of nuc"-ear development with extreme cautioa.

I have also noted your special concern over the Nuclear Regulatory CommissionIs haadling of the licensing process for the proposed Beruick auclear facility. I have asked rry staff t.o look into the matter.

Again, thank you for lettiag me have your thoughts.

Siacerely, Richard . Schweiker Uaited States Senator RSS:tg

December ll, 1979 STAT"" 0. AV.=". 1CA U <1TEDPZGUL.".TOPAZ NUCL" AR COi":.ISSION the .:.atter of PZ.;Sv'LVA':IA PO'GB AIvD LIC~T CO. Docket Kos. 50-$ 87 AL~~""=:=."Z~ EI "CTHIC COOP=-rATIVE, IttC. 50- 88 (Berwick Atomic Power Plant (Sus".uehanna Units 1 and 2 CITIZ~r. ',S AGAINST 1UCL" AR DANG."RS P TITION FOR A GOVZW~"~"EHT INQUIHY; HZPLIES TO DISCOVE~ OHD" R s I',OTIONS ON INT~",OGATOHI S B":-O~E T; E ATO'~IC SA'v'ND LICE'lSING BOARD FOR:)'AHD The Citizc'ns Against Nuclear Dangers (Citizens) state for the record that the order to reply to the di'scovery interrogatories in Part II below are submitted under protest. The Citizens will not enu=erate the lengthy reasons at this time, out will point out that the o ion pending before the Board pertaining to discovery filed by the Citizens has not been add.essed properly by the Board, nor has the issue been resolved, in apparent disreeard for due process of law.

rom the outset of the proceedings on Berwick, the HHC has shown an obsession with trying to place the burden of proof for every contention on the citizen interveners. The burden of proof rests p.imarily with the Applicants, to show conclusively that the problems identified in the valid contentions concerning the Berwick atomic power plant can be rectified. prior to issuance of an operating lice~se. The Applicants are not cooperating with this ob)ective, in our gud~ent.

Like~ise, the NPC has thus far failed in its safety ove.sight

=-an"a e to pro'oe the Berwick operation in a diligent manner. For exa= le, the NRC staff has not submitted so much as one discovery

".'s+ion be ore the Board for the Applicants to answerer prior to vid n.ial hearin>s. Put the 'Hi?C has asked. several hundred

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-..reasonable cuestions of the interveners. Incredible as this is,

-:.e Board has tolerated this by its acquiescence, and. also attempts to arbitrarily restrict or eliminate the First Amendment ri-"hts o t:".e interveners in their orthri~~ht and civic-minded intervention.

PA~T I

-he Citizens now urgentlypetition the United States Senators

=" o~ the C" mon;;ealth of Pena ylvania to oversee this fed ral proceedint= in he public interest by directing the General Accountin~

0:"ce (G.-'.0) o send a team of investigators to the premise o -he Per-.<<ck plant site for an in-depth inspection, and the recu'sition relevant documents, end to take depositigns from selected

.e=- loyees o contractors vendors and PPOL personnel assigned to

-e. ~ick..here has occurred some very serious construe ion

'cie. c'es at 3err~ick uhich have oeen covered-up. The ultimate act of rrhich could possibly make the accident at hree .'<ile

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look like a church picnic.

P.o ocol would dictate that the con"ressman from he lith

'tric.'f Pennsylvania should request any GAO inqui."y.;.oi~ever,

"'"..="t con-"res~~ n;>ill be resip.inp from the Congress in a few weeks.

A vacancy nd a vacuum will. be created. Therefore, as the at-large

=-" ected re resentatives o. the people of Pennsylvania, including

-'"..=- lith District, it is clearly your responsib1lity Senator Sc'",r.'eikcr and Senator Heinz to presently look into the N=.C

mi h ndlin~ of the Berwick licensing case, including the 1ntense

-lstreatment of the lnterveners...your constituents'This is a for=al petition Senator Schwciker and. Senator Heinz to use your

".oo" of lees to initiate a GAO investigation of the Berwick atomic power plant construction sit,e, and, the unor thodox and intimidating preliminaries to public hearings on Berwick conducted by the Z~C.

To be convinced of t'e legitimacy of your constituents'.

leva"..ces, thc Citizens suggest that your administrative aides arrange to meet <<1th the four separate intervener groups so-..ctime ln january, 1980, at Berwick, Pa. to take statement,s and ootain relevant data. ~ ach intervener has their own story to tell.

Secondly, Senator Schwelker and. Senator Heinz, you could eac'. urge the .!:-.C Commlsslo..ers to direct the withholding of any further res r ic..ive orders pertaining to the intervention on Berwick until i-our o flees reccivc and evaluate these constituent-intervener complaints.

PA'RT II Dn Cctober 9, 1979, the Citize..s submitted a motion to -'he

~os~ t:.at, stated in part "Citizens "-alnst Nuclear Dan"ers =.ove .or a protective order by the Board against thc massive amounts of discovery docu. entation demanded by the.N..C staff which is

'o ressive and inappr'oprlately burdensome'nder'.the Commission'

'es o= -roc dure." This motion <<as preceded, over a perioD of by various valid ob]ections to t'e Board from the Citizens and ot'.:er intervening groups, taken +ogether to form a litany o

"=-..'lzate oo1ections. The Board as of this date 'has not yet issued a de lnl ivc ruling concerning a protective order, and we recuest the =o. rd to do so presently. The Citizens believe that 'his motion holds p.ccedence.

The Citizens inadvertently omitted t'e inclusion of the Applicants in the Octob r 9th mot" on. Thcref'ore, the Citizens hereby amend that motion to read: "The Citizens .4gainst Nuclear angers move or a protective order by the Board. against the massive amounts of'iscovery documentation demendedby the HHC staff, and the Anolicants, which is 'oppr essive and inappropria ely bu densomc'nder thc commission' rules of procedure.

The Board' memorandum and Order on Discovery Notions, dated October 30, 1979, purports to instruct the parties to the intervent'on what to do next in the botched-up pre-hearing proceedings. This Order is also r piete i:i h code records. Unfortunately, the Citizens are not trained in the art o. cryptography and have not been 'ole o oreak the N.-.C code; anymore than they could decipher the citations in past, orders, of restrictive administrative NHC rulings at, past un elated hearin.~s in far flung corners of the continent., as well as, dealin-- <~1th such matters as floating nukes off the Jersey shore I

and. presumably all the shins at. sea.

The Citizens will nevertheless attempt to respond to the most recent Order. It may appear that the Board considers the voluminous discovery interrogatories relevant and meaningful. The Citizens are inclined t,o a<~r ee, but they should be answered, by the most cualified persons.

It is also obvious from the correspondence over the past year author ed by the distinguished and learned attorneys or the Applicants end the g>C legal office that, the Board can expect almost non-stop objections at public hearings from them I

challenging the credioility of whatever interrogatory responses hat are filed by interveners based mostly on their limited second-hand research.

F Therefore, in order to assist the Board in conductin- public

".carin"s fairly and expeditiously the Citizens are oroposi..g that

."..e Board utilize its extraordinary power of subooena and oose every a- licable specific discovery cuestion formulated by the HHC s aff s-..d t.he Rpolican s o be answered by the aopropriat,e oualified government officials at the state and federal level ~.ho have first-hand expert knowledge of these matters in the course of their government service'. These swovn deoositions'ccomoanied, by T

c'"..nical supoovting documents, when aoolicable, should be obtained in ti~e to be duolicated and. distributed. by the Board to all parties sixty days prior to the start of oublic hearings. The'Citizens will acceo. +hesc expert factual resoonses in lieu of t'eir own replies ani as +he basis for their testimony and accompanying backs ound, information. The Board should also call as witnesses at, the hearings so~e of the persons whose affidavits they have obtained. This a" ternative should satisfy. the N~C staff and. thc Aoplicants because they will obtain thc all ged needed information concerning their i..terro.",.atcvies and be assured of what to expect from thc intervener s ior to the hearings.

Th oersons the Citizens wish the Board to interview at gover..ment exoense of cour se, are tho e persons, such as an exec +'ve divector, who have direct resoonsibility for the envi"on .e...al or health and, safety polic1es and ovograms of their a=e. cy of government. Xn addi+ion, those persons in these agcncics 0 in the course OL t heiv duties, performed the actus 1 tests, surveys, and comouter modeling, etc., or prepared on-line reports.

r=levant to the inter rogatories, should definitely also be

':e-..-'i. icd and interviewed. under oath.

The agcncics to be contacted for this in ormation incl~ "e,

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out not necessarily liziited to, =r e the folio;iing:

Co~mon:chealth of Penn svlvan ia Covernor' Energy Council

2. Governor ' Of fice of State Planning 6: Dev.eloonent

'Pa. Department of ".ealth

-ureau of Laboratories and Eoideaoilogy 4~ Pa. Department of hgriculture Bureau of Aniz 1 Indust,ry Bure u of Foods and Chemistry Pennsylvania Emergency -!anagenent Agency, Pa. Deoart~ent of Environmental ".-.csources Division of Hazardous ilast'e 'nagenent Division of '"ater Quality Bureau of Radiation Protection 8: Occuoational Health Divisions of Environmental Radiation, Radiation Control and. Occu ational Health.

7~ Pesnsylvania Fish Commission Bureau of:lat,er ';)ays

8. Pa. Public Utility Cozaission Bureau of Conservation Economic and =nergy Plenninj

9. Su "ouehanna River Basin Commission Federal Com~issioner--U.S. Secretary of Interior

"=overnors of '.le;v vore, Pennsylvania, lIaryland (State Cozziscioners)

U.S.."rmy Coros of Engineers Baltimore Regional District Office U.S. Secu ities and Exchange Co zission

12. Federal Energy Regul tory Commission U.S. Decartnent o .nergy Oak Ridge ><,ational Laboratories Argonne ~!ational Laboratory

14. U. S. tTuclear Regulatory Commission

=.esident Inspector Ber~~ick Aton5.c Po:~er Plant Division of Site Sa ety and Envi'ronnental Analysis Div i s i on o f P ro ) e ct >!ana gem ent Light ';later Reactors Division of Systems Safety Containment Sy stens Bran ch Div" sion of Reactor Operations Insoection Reactor Sa fcguards Licens'ng Branch

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he Cit zens hereoy move the 'Board to adopt the aoove racon..cndation to subpoena the responsible government officials to r" spond to the a plicable interrogatories, rephrased if necessary so as not to slant the questions, in order to obtain ob)ective and authoritative expert ans~rers that will be admi siole oe.ore the Board. The Citi"ens urther move the 'Board to convene a s ecial pre-hearing conference on this subject at ';lilkes-Bar re Pa.

or 3er:(ick, Pa. in January or February, 1960, to arrange the details for the taking o depositions, and setting the guidelines, etc.

The Board may ~:ish to include additional cuestions of its o~m to speci. ic contentions at that time. The conference could also c" arify any other issues outstanding concerning the forthcoming publ" c '.. ea rin~ s.

Respect u" "~ submitted Dated: Decemoer ll, l~o7~o- Thorn s J. Ha ligan Correspondent

~ I r TI"F IIC-'+" 0 F c" R'I'ICZ Petition or . Government Inouir; Re lies To,Discover Order; I'.otions On Interro,"-.stories Before The .-'.toxic Sa.etv And L".cen in Board have been served on the folio>rin~~ by deposit in the United States mail, first class, this ll day of December, 1979.

t Ccz;ni sioners: Dr. Joseph Ecndrie, James M. Cutchin, IV, Esquire James F. Ahearne, Peter A. Bradford, Office of the Executive Legal Victor 9ilinsky, Richa rd T. Kennedy, Director U.S.."nuclear Reculatory Commission U. S. Nuclear Regulatory Commission

'rfa shington, D. C. 20555 Washington, D. C. 20555 1

Charles Bechhoefer, Esq., Chairman Atomi c Sa fe ty and Licen s ing Jay Silberg, Esq.

Board Panel Shaw, Pittman, Potts and U.S. Nuclear Regulatory Commission Trowbridge Washington, D.C. 20555 1800 H Street, N.W.

Washington, D.C. 20036 Hr. Glenn 0. Bright Atomic Safety and Licensing Dr. Judith H. Johnsrud Board Panel Co-Director U.S. Nuclear Regulatory Conmission Environmental Coalition on Washington, D.C. 20555 Nuclear Power 433 Orlando Avenue Dr. Oscar H. Paris State College, PA 16801 Atomic Safety and Licensing Board Panel Hr. Thomas H. Gerusky, Director U.S. Nuclear Regulatory Commission Bureau of Radiation Protection Washington, D.C. 20555 Department of Environmental Resources Commonwealth of Pennsylvania Atomic Safety and Licensing P.O. Box 2063

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Board Panel Harrisburg, PA 17120 U.S. Nuclear R gulatory Commission Washing ton, D. C .. 20555 Hs. Colleen Harsh Box 538A, RD84 Docketing and Service Section Houqtain Top, PA 18707 Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Susquehanna Environmental Advocates Atomic Safety and Licensing c/o Gerald Schultz, Esq.

Appeal Board Panel 500 South River Street V.S. Nuclear Regulatory Commission Wilkes-Barre, PA 18702

.Washington, D.C. 20555 Ho. oraole Richard S. Schweizer Honoralbe John Heinz United States Senate

~Fa shin;.:ton, D. C.

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Thomas J. ha libyan Co espond e n