ML18025A066

Responses of Commonwealth of Pennsylvania to First Round Discovery Requests of Citizens Against Nuclear Danger

ML18025A066
Person / Time
Site:	Susquehanna
Issue date:	06/29/1979
From:	Carter K State of PA, Office of the Attorney General
To:	Atomic Safety and Licensing Board Panel
References
Download: ML18025A066 (12)

Text

yo. June 29, 1979 0+pc+

UNITED STATES GF AMERICA NUCLEAR REGULATORY CCNML)SIGN oX Q~ o~o%&o e

c, 0~

BEFORE THE ATOMIC SAFE.TY AND LICENSING BQQS Ot)t~

+v In the Matter of PENNSYLVANIA PVAER AND LIGHT CQPANY AND.

ALLEGHENY ELECZRIC COOPERATIVE, INC. Docket Nos. 50-0-388 (Susquehann'a'team Electric Station, Unies 1 and 2)

RESPONSES OF CONK)5WFALTH OF PENNSYLVANIA TO FIRST ROUND DISCOVERY REQUESTS GF CITIZENS AGAINST NUCL'EAR DANGER KM G3HES the Gonraxrwealth of Pennsylvania,, Depa~nent of Environmental Resources, Bureau of Radiation Protection, by its attorney, Karin M. Carter, and makes the following responses to the First Round Discovery Requests of Citizens Against Nuclear Danger (hereinafter "CAND") ..

I. 'he Caamonwealth does not hereby acknowledge any legal obligation to ccmply with the above mentioned discovery requests. The Ccarmnwealth of Pennsylvania has neither sought nor obtained party status in this proceeding.

The Bureau of Radiation Protection has sought and obtained permission to participate as a representative of an interested state under paragraph (c) of 10 C.F.R. 2. 715 (participation by a person not a party) . Therefore, neither the Comrvnwealth of Pennsylvania nor its representative is subject to a motion to ccmpel discovery under 10 C.F.R, g2.740(f).

However, as in past NRC proceedings the Ccamonwealth wishes to con-tribute to the completeness of the record and believes that it is in the interest of its citizensto cooperate as fully as possible with the Board

O 0 and the parties to this proceeding, as long as such cooperation does not interfere unduly with the performance of its other duties or impose an undue burden on the treasury of the Ccormnwealth.

2. (CAND Request gl9)

Provide a cata~lo ue containing a complete listing of the donznmts, reports and correspondence, etc., in the files of the Bureau of Radiological Health, Departrrent of Environmental Resources (DER), Camenwealth of Pennsylvania, on the subject of PP6L's Berwick atomic power plant."

~Res onse We herewith transmit a list of doouEts in the files of the Bureau of Radiation Protection (BRP) on the subject of Susquehanna U'nits

-1 and 2 in satisfaction of your request for a "catalogue." The Cornnonwealth has attempted to make this list ccmplete. However, in the rRxrth following the March 28, 1979, accident at Three Mile Island Unit 2, many docurrrents which were not shelved 'or in file drawers were moved aside or otherwise displaced by visitors frcm various Federal and State agencies who used the offices of the Bureau of Radiation Protection. We cannot assure you that all misplaced documents relevant to this or any other subject have been 1'ocated, replaced in file drawers, and listed. If the Bureau of 1

Radiation Protection does locate any other relevant documents, we will transmit to you a supplement to the current list. We have not listed the documents (Special Prehearing Conference Order, Notice of Prehearing Conference, etc.) which are part of this licensing proceeding and which you have received as a party to the proceeding. We have also not listed any document which is an attorney work product prepared in preparation for litigation. There is only one such document now in the file.

3. (CAND Request f20)

"We also wish to obtain frcm the Bureau of Radiological Health complete official documentation, including field axnitoring reports and milk sampling results on the affects

[sic] of the radiation fallout in October, 1976 resulting from the Chinese bomb test of September 26, 1976."

e

~Res onse: 1he only "official documentation". in the Bureau of Radiation Protection on this subject is the EPA Proceedings fran the November 30 December 1, 1976 workshop. This document, which we hereby tra'nsmit in response to the above request, contains canpilations of data fran Pennsylvania, other states and Federal sources. BRP has no "field monitoring reports." The'only other documents possessed by the Bureau relating to the effects of the October 1976 fallout incident aie sane laboratory data sheets on milk samples which are stored in the Bureau's laboratory. It will take sane time to retrieve these sheets and copy them'. We do not ezpect to be able to accomplish this task until July 31, 1979. Please inform us by July 10; 1979, if you do not desire copies of these laboratory data sheets.

(CAND Request f21)

'"Also needed fran the Bureau will be a current cata~lo ue of all relevant data compiled by the Bureau concerning radiation rmnitoring and milk sampling already conducted, plus ongoing survey results when they become available, dealing with the radiation releases in the vicinity of the" Three-Mile-Island plant since the March 28, 1979 accident.

Response: The only radiation axxntoring data canpiled so far by the Bureau of Radiation Protection is the 44-page compilation of milk sampling data covering March 28-April 13, which is enclosed herewith. Within the next I

sixty days,'he Bureau of Radiation Protection expects to canplete a canpilation of its air nnnitoriag data, which compilation will be trans-mitted to CAND as a supplement as requested in CAND Request [<21. The Bureau will submit these compilations to Hr. Eric Bretthauer, Office of Research and Developnent, Las Vegas Facility, U.S. Environmental Protection Agency, Box 15027, Las Vegas, Nevada 89114. It is the understanding of the Bureau of Radiation Protection that similar canpilations are being

~

by other monitoring agencies to Mr. Bretthauer for further tabu- 'ubmitted lation. The Bureau of Radiation Protection also has received data which have

'l been ccGIpiled by the U.S. Food and Drug Ackninistration, the U.S. Envirormrental Protection Agency and Metropolitan Edison. Ccmpany, as well as whatever monitoring data was contained in NRC Preliminary Notifications which were issued daily on the status of 'IHZ-2 soon after March 28, 1979. These and other Bureau files are available for inspectian by the public on regular business days from 8 a.m. to 4 p.m. on the 5th Floor of the Fulton Bank Building, Third and Locust Streets, Harrisburg, Pennsylvania. It is reccm-mended that an appointment be made in advance if inspection is desired, because Bureau files are being inspected or requested as evidence by investi-gatory, legislative and administrative agencies which are investigating the ~

'IHI-2 accident.

5. (CAND Request f22)

"Fram the appropriate office of the DER we also wish to obtain the public records pertaining to the Applicant's permit application to discharge industrial wastes into the Susquehanna River fram the Berwick atcmic power plant."

~Res onse: Transmitted herewith are the mly seven documents on the subject of application No. 4076203 which are in the files of the Bureau of. Radiation Protection. Please note that these are the documents numbered 15-21 on the "catalogue" of Susquehanna files submitted in response to CAND Request $ 19. Furtheranre, please note that there are two permits which may fall under your description of "discharge industrial wastes." (he is the Pennsylvania Water ~lity Permit, state permit Pa. 4076203 issued under the Pennsylvania Clean Streams Law (35 P.S. $ 691.1 et sece.)

'on May 24, 1977. The other is the NPDES Permit, numbered PA-0047325, which is a'Federal permit administered under a delegation fram EPA to I

Pennsylvania. Lhe public records on both permit applications are available to the public at the DER Regional Mater Quality Manager, 90 East Union Street; 2nd Floor, Wilkes-Barre, Pennsylvania 18701, (717) 826-2553.

Office hours are 8 a.m. to 4 p.m. on regular business days. Lhere is a charge for copies in excess of ten pages.

Respectfully 'ubmitted, Karin W. Carter Assistant Attorney General Camxrrwealth of Pennsylvania 505 Executive House P.O. Box 2357 Harrisburg, Pennsylvania 17120 (717) 787-7060 June 29, 1979

June 29, 1979 UNITED SZATES OF AM1.'RICA NUCLEAR RFZULATORY COMMISSION cg

'EFORE THE ATOMIC SAD'TY AND LICENSING BOARD 0 g4'Qv In the Matter of (4" P~

5 .pc< g4 Q( ~P q(b, PENNSYLVANIA POWER AND LIGHT COMPANY AND: 0 ALLEGHEÃZ ELECTRIC COOPERATIVE, INC. Docket Nos. 50-387

~

50-388 (Susquehanna Steam Electric Station, Units 1 and 2)

RESPONSES OF CR$ 5XCKALTH OF PENNSYLVANIA K) FIRST ROUND DISCOVERY REQUESTS OF tDA I ZILCH ME NOH COMES the Cmmonwealth of Pennsylvania, Department of F-.virorunental Resources, Bureau of Radiation Protection, (hereinafter "BRP") by its attorney, Karin W. Carter, and makes the following responses to the First Round Discovery Requests of Environmental Coalition on Nuclear Power (hereinafter "ECNP") .

l. 'Ihe Ccxrimnwealth does not hereby acknowledge any legal obligation to comply with the above mentioned discovery requests. The Ccmnonwealth of Pennsylvania has neither sought nor obtained party status in this proceeding.

The Bureau of Radiation Protection has sought and obtained permission to participate as a representative of an interested state under paragraph (c) of 10 C.F.R. 2.715 (participation by a person not a party). Therefore, neither the Gxmonwealth of Pennsylvania nor its representative is subject to a nation to compel discovery under 10 C.F.R. $ 2.740(f).

However, as in past NRC proceedings> the Camunwealth wishes to con-tribute to the carpleteness of the record and believes that it is in the interest of its citizens to cooperate as fully as possible with the Board

~ t and the parties to this proceeding, as long as such cooperation-does not interfere unduly with the performance of its other', duties or impose an. undue burden on the treasury.of the Camenwealth.

2. (ECNP Request to Carmonwealth gl)

"For Intervenors'ontentions 1-18, provide all correspondence and requests for information, data or documents frcm the. Camenwealth to the Applicant sub-sequent to and/or in consequence of the March 28, 1979 accident at Three Mile Island, Unit 2."

~Res onse: After a reasonable search within BRP and the Pennsylvania Emergency Management Agency, BRP has concluded that there have been no correspondence or recorded requests for information, data or documents directed to the Applicant between March 28, 1979 and June 29, 1979. BRP has not canvassed every employee of the Camenwealth to determine if they have made such requests or had such correspondence.

K

3. (ECNP Request to Ccnrnonwealth $ 2a)

"The most recent version of the Ccomonwealth's emergency preparedness and evacuation plans."

~Res onse: Transmitted herewith is the June 1979 draft of the Ccsmonwealth of Pennsylvania Disaster Operations Plan, Nuclear Incidents (Fixed Facility) .

(ECNP Request to Conmonwealth $ 2b)

"All correspondence fran, and to, the Bureau of Radiological [sic] Protection, the Pennsylvania Emergency Management Agency, the Ccomonwealth Justice Department, the Applicant, and NRC pertaining to the adequacy and any proposed ~es in emergency pre-paredness and evacuation plans in consequence of and subsequent to the March 28, 1979, 'IMI'-2 accident."

~Res onse: Transmitted herewith are copies of the requested items of correspondence.

5. (ECNP Request to Ccmnonwealth $ 2c)

"All records, docunents, and other information detailing the legal responsibilities and obligations of employees of the Cormenwealth with respect to their

=

ability to respond fully, adequately, and timely to a radiological emergency at a nuclear power facility in order to protect the health and safety of the citizens of Pennsylvania. "

~Res onse: Transmitted herewith are copies of such- correspondence and 'documents as have not already been transmitted in response to other requests above, on the subject of legal responsibilities of Comnonwealth employees in a radiation emergency at a nuclear power facility. The Corrmonwealth does not understand the relation to the second half of ECNP request 2c (beginning

with respect to..;") to the first half of that request. If additional documents are desired, ECNP should clarify its request by using anre precise language. The Comnonwealth BRP has not transmitted copies of statutes or regulations in response to the above request. Such a response would constitute legal research which the Corrmonwealth is not obligated to perform for ECNP and which is unnecessary given the availability of statutes and regulations in the many public law libraries in Pennsylvania.

6. (ECNP Request to Ccrrrnonwealth $2d)

"All Radiation aanitoring data fran Three Nile Island, Unit 2, in the possession of the Corrmonwealth Bureau of -Radiological Protection subsequent to lrrch 28, 1979, in order to establish whether the Ccmnonwealth or any other involved institution or agency has rmnitored to a distance

. and extent to be able to establish radiation doses to the public with a reasonable degree of accuracy and timeliness in the event of a radiological emergency."

~Res 'ense: Transmitted herewith is BRP's otmpilation of its milk monitoring data on the Three Nile Island area covering the period of Parch 28 to April 13, 1979. BRP is in the process of compiling its air monitoring data and will transmit this compilation to EQF when it is finished, at scme

time within the next sixty days. The Coaaxxrwealth BRP is also in the process of copying the other monitoring data in its possession from its own monitoring activities and the monitoring activities of EPA, NRC, the U.S. Department of Energy, the U.S. Food and Drug Administration and the Applicant. 'Ihe volume of paper involved is large, and the number of official investigatory bodies dec~ding access to these data is large and growing. The Bureau hopes to ccmplete the task of copying the requested data and trananitting them to ECNP within ninety days. It has not been determined whether the Bureau has the capability of making legible copies of the'FDA daily ccmputer printouts which now canprise a stack four inches high. It is suggested that ECNP contact FDA directly for these printouts or inspect the printouts in the BRP Harrisburg office on the 5th Floor of the Fulton Bank Building, Third and Locust Streets, between 8'.m. 'and 4 p.m. on regular business days. Other BRP files are also available for inspection, although it is suggested that an appointment be made in advance to inspect files which are in frequent demand.

7. (EQP Request to Comnonwealth $2e)

"Emergency preparedness. and evacuation plans of the Pennsylvania Emergency Hanagement Agency and local agencies of government to provide adequately for the protection of.

the health and safety of the citizens of Pennsylvania in the event of a radiological accident worse than the Applicant's calculated "design basis accident," or a Class 9 accident.

~Res ense: lhe most recent version of the Ccnmonwealth's Disaster Operations Plan for Nuclear Incidents has been transmitted herewith pursuant to response g3 above. This document contains all PEMA plans dealing with radiological accidents. "Local agencies of goverrznent" is too vague a

. phrase to allav us to respond. The only documents which PEMA has in its possession which might b'e relevant are county emergency response plans for aust of the 67 counties of the Gxmxxmealth.. lf these are the subject of this request, ECNP should specif'y which county plans it wishes to obtain.

Respectfully submitted, EQUN W. CAKKR Assistant Attorney General Connenwealth of Pennsylvania 505 Executive House P.O. Box 2357 Harrisburg, Pennsylvania 17120 June 29, 1979

Q ~o

~ CC~

UNIT1'D STATES OF AMERICA NUCLEM. REGULATORY CQRGSSION c.e~~

0 'I 4

~pl Q BEFORE 'IHE ATOMIC SAFlZY AND LICENSING BOARD

~go',:" gqS<"

In the Matter of Q/~

PENNSYLVANIA PCNER AND LIGHT COMPANY AND:

ALIZGKNY ELECIRIC COOPERATIVE, INC. Docket Nos. 50-387 50-388

'Susquehanna Steam Electric Station, U'nits .1 and 2)

CERTIFICATE OF SERVICE This is to certify that copies of the foregoing "Responses of Comno'nwealth of Pennsylvania to First Round Discovery Requests of Citizens k

. Against Nuclear Danger" and "Responses of Carrnonwealth of Pennsylvania to First Round Discovery. Requests of Environmental Coalition on Nuclear Power" were served by deposit in the U.S. Mail,'irst class, postage prepaid, this 29th day of June, 1979 to all those on the attached service list.

W. CARTl&

Assistant Attorney General Comnonwealth of Pennsylvania 505 Executive House P.O. Box 2357 Harrisburg, Peansylvania 17120 June 29, 1979

UNITED STATES OF AMERICA NUCUM. REGULATORY EMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of PENNSYLVANIA PCNER AND LIGHT COMPANY AND:

ALL'EGHENY ELECTRIC COOPERATIVE, INC. Docket Nos. 50-387 50-388 (Susquehanna Steam Electric Station, Units 1 and 2)

Secretary of the ~ssion Docketing and Service Section U,S. Nuclear Regulatory Ccmnission Office of the Secretaxy Washington, D.C. 20555 U.S. Nuclear Regulatory Ccomission Washington, D.C. 20555 Charles Bechhoefer, Esquire Dr. Judith H. Johnsrud Chairman Co-Director Atomic Safety and Licensing Environmental Coalition on Nuclear Power Board Panel 433 Orlando Avenue U.S. Nuclear Regulatory Ccmnission State College, Pennsylvania 16801 Washington, D.C. 20555.

Mr. Glenn 0. Bright Susquehanna Environn ental Advocates Atomic Safety and Licensing c/o Gerald Schultz, Esquire Board Panel 500 South River Street U.S. Nuclear Regulatory Ccmnission Wilkes-Barre, Pennsylvania 18702 Washington, D.C. 20555 Dr. Oscar H. Paris Mrs. Irene Lananowicz, Chairman Atanic Safety and Licensing The Citizens Against Nuclear Danger Board Panel Post Office Box 377 U.S. Nuclear Regulatory Cannission R.D. 1 Washington, D.C. 20555 Berwick, Pennsylvania 18603 Atomic Safety and Licensing Ms. Colleen Marsh Board Panel 558 A", R.D. g4.

U.S. Nuclear Regulatory Ccmnission Mt. Top, Pennsylvania 18707 Washington, D.C. 20555 Atomic Safety and Licensing Appeal Jag Silberg, Esquire Board Panel Shaw, Pittman, Potts, 6 Trowbridge U.S. Nuclear Regulatory CamLssion 1800 M Street NW Washington, D.C. 20555 Washington D.C. 20036 James M. Cutchin, IV, Esquire Office of the Executive Legal Director U.S. Nuclear Regulatory ~ssion Washington, D.C. 20555