ML18026A298

Motion to Reclassify Contentions 2,16 & 17 in Public Health & Safety Category.Responds to NRC Remaining Interrogatories Re Witnesses & Evidential Documents.Certificate of Svc & Supporting Documentation Encl

ML18026A298
Person / Time
Site:	Susquehanna
Issue date:	04/29/1980
From:	Halligan T CITIZENS AGAINST NUCLEAR DANGERS
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8006060487
Download: ML18026A298 (31)

Text

Apr1 J. dy y gyp~

'SOCKETED USNRC L~iiIT~D ST4T S p HU L-A., P" -UL4TONv C()-..;,ISSIOy MAY 5 1980 >

Office of ~se"Cgy

. Docketing 5 SCvtfc0 Ba ANIA PO~ AND LIGHT CO. (Ber>>ick Atomic'Po>>er Pl t) and (Susquehanna Units 1 an 2 ) .

-=-.,r ZZ"-CTaZC COOPZu TI.r=, ImC.

CITIZENS AGAINST 'TUCL~AR DA'TG:"PS MOTIONS A:iD BZPLIZS TO XHT~~CCATPRIES CCEC~~XHG Cpi!THlTICNS HOS. 2, 16 &: 17 KRC General Interroratorv No.

I e

The Citizens Against Nuclear Dangers (Citizens) of Ber>>ick,Pa.

in end to present a fe>> scientific specialists as>>itnesses from.

. the Ãortheast reg" on of the state, >>ho>>ill have a direct

~ mo>>ledge of the local environment,.to address'he environmental

. contentions" in direct testimony and/or cross-examination. Once

~he public'hearing timetable is published, the Citizens>>ill'<

invite these hnos1edpesh1e in div id nsisio testify. Their identity,. ~ ~

cuali ications and .pummary: of .statementy,.-.etc., >>ill be forthcoming

~

e to all parties as':so'on es arrangements are made,'n a timely l ma~er, as will be prescrioed by the Licensing Board.

The original plan to seek.out the professional services of yt prominent expert, >>itnesses from out of the area, >>ho must have'r cise scientific data in their possession from the HRC and the el ctric companies (the Applicants) before they>>ould agree to testi7, is no>> out of the question because of the refusal on the par o. the Applicants, .he State, and. the FPC to release the r cuested relevant public docu ents in -.)

their possession required the interveners. The denial of these documents may cause irreparable harm to-.the Citizens'ase. The order s and memoranda that attempt to legitimatize these denials are certainly contestable in Federal Cour+.'

ooooooogg7

At present, the

~"

Citizens will made a concerted effort to per'suade e

. tbe General Accounting Office to urther audit and monitor the

~

.: 'e.urlaen al effects. these d.enlals, and other governmental 'irr egularities, I, k have bad. on'itizen participation in the Berwick licensing case.

NRC General Xnterro story No. 2 Tbe Citizens have not yet selected the exact documents to be o feted. in evidence at the public bearings. However, the Citizens are now studying this matter and will refer to numerous papers in

-" researching relevant. issues. These miscellaneous papers are not

~ ~

catalogued or organized in a 'manner whereby they Mill be utilized

'I ~

pr ecisely or exclusively for Contentj.ons Ho. 2, 36 and. 17. Therefore, tbe Citizens will make available all of these papers, re'ports, charts, news releases, etc. (numbering thousands of pages) relating to virtually all of the contentions, and more) to the NRC -for inspecMon and. photocopylng, as the NRC requested;:.at the Federal Building, corner of North Washington Avenue and. Linden Street, Scranton, Pa. 18501, upon el itten reoue st, and at a mutually convenient time and. dat e.

Contention Ho. 2

~'RC Speci lc lnterro stories S-2. 1) Concerning cesulm-157: Tbe Applicants have erred, in not estimating tbe long term environmental impacts of residual radiation occurring in the river'oed. sediments ion. An example of which was

." vealed. in an extensive scientific government study conducted on this type o radioactive waste found in the silt downstream from the outflow at the Savannah River nuclear cozplex.

Concerning cobalt-60, cesuim-134, iodine-131 and any other ra" lonuclides to be discharged. froz the Berwlck ~it'uke: Because the Applicants refuse to .furnish the Citizens with the necessary information

~ . ~ items 10 and

'requested under discovery, dated May 22, 1979, namely also discovery requests dat,ed July 25, 1979, page 2, 1<<m>>~

the Citizens must request an extention of time, pursuant to tbe ll, Licensing Board Order, dated.April 1980, to develop. some information from other sources to further answer the specific interrogatories of ..

the HRC, Nos. S-2.1 thru S-2.5.

Precisely because the NRC refused to comply with the requests dated July 25, 1979, namely items 1,2,3,and 4, tbe Citizens'iscovery.

.Citizens are unable to submit particular comparative figures as answers.

to these. same specific questions. As a result, the Citizens'ase ma be irreparably ha imed. Nevertheless, 's soon as comparative data from the HRC and tbe D=-R are forthcoming, tbe'rrors will be identified.

As in the instances. cited. above, the Commonwealth of Pennsylvania,

~ ~

a so-called. interested party"'o the intervention, has not provided most of the public documents reoulred. by. the Citizens to answer the specific interrogatories to Contentions 2, namely the Citizens discovery

.requests to the DW .dated. >[ay 22, 1979, items'Nos. 19 and. 20.:"ost of the state' responsed were grossly incomplete and. virtually useless...

with one notable exception, concerning the drinking wat,er issue, mentioned. below.

. Xt ls apparent 'from the above citations'of stonewalling on the part of the government in denying public review of public records, that a very disturbing and questionable patt,em has developed designed to exclude meaningful public examination of the environmental and.

health and safety records of the:Berwick operating licens"ng case.

Therefore, the Citizens hereby petition the Honorable. Raphael:-'.usto of Pittston, Pa., the newly elected U.S. Representative for the.lith Congressional District of Pennsylvania to intercede in the public interest

and. promptly determine lf this apparent wrongdoing can be rectified.

The following facts should convince Congressman gusto of tbe urgency of this petition, which relates to a tragic situation that be is all too well acquainted. with.

Tbe NRC's specific ouestions concerning t chlorine relesses oust be rephrased to take into consideration the ma~5.tude of tbe water problems on the river, because there exists a ma)or miscalculation due to unforeseen detrimental envlronzei~. circumstances that are beyond.

tbe control of the Applicants, out must be addressed. nonetheless.

This matter, outlined below, ls in .response'to tbe specific questions

...'bout chlorine.

The':adverse b'eal@ effects from the discharge of chlorine froa the Berwick plant into tbe Susquehanna River will,be substantially ~reater .

than'stimated by the Applicants, due to planned government endorsed.

~

large-.scale. mining of Anthracite coal commencln~ ln the meir fu ure.

'he necessity of .continual pumping of bllllons of gallons o> zine'cid th'.Suscuebanna %5.ver from numerous existing abandoned 'drainage.into mine workings covering hundreds o cuare miles, to make possible the.

ncw mlnln~ o'peratlons, will in turn necessitate massive lncrcascs ln e

the use .of chlorine at tbe Applicants atomic power plant.

Another ma )or source of serious pollution, located, about 20 mlles upstream. from the Berwlck plant, that will require the Applicants to further increase the use of chlorine., ls the Butler Kine Pater unnel s

Haste chemical spills into tbe Susquehanna Piver (see the attached partial list entitled "Chronology Of Events On Tbe Susquehanna").

Xt ls considered by many govern ent experts to be the worse sin-"le occuryance of chemical poilu io ln the Commonwealth' history, and perhaps the nation. Zt ls estimated that, over a period of ime,

htmdreds of thousands of barrels of highly'oxic chemical wastes (possibly including radioactive wastes) were covertly dumped down boreholes into abandoned, coal mine voids near Plttston, Pa.,

alleged.ly'y'midnight baulers..". After nearly one year of frantic and costly.

attempts to balt the intermittent flows of the.toxic chemical wastes

..'. in4o tbe Susquehanna.Mver from the Butler Tunnel outflow, tbe D=<<R and the.EPA are nowhere near stopping the pollution. The solu4ion is years away at a cost of millions in taxpayer dollars.

Tbe PP8:L'wild. simply have .to cope with this pollution at the Berwick ln-take by revised design engineering 4o increase; even further,

.plant use. 't the use of chlorine to demineralize and. clarify tbe river water for

~ ~

' ~

might take tons of chlorine each day to do tbe Job!

Because tbe people of Danvllle, Pa., about 20 miles downstream from Berwick, will, as a result, be d.rinklng this highly chlorinated.

river water mixed with'.harmful and unacceptable levels of chemical wastes from. the Butler Tunnel seepage and the increasing non-point

'. sources of mine acid drainage, co-mingling to form disease producing r

~ ~

~ ~

~ ~

.,elements ln tbe drihking water, tbe following motion is hereby presented to the Licensing Board.. The C141zens Agalns4 Nuclear Dangers of Berwick, Pa. move the Atomic Safety and Licensing'mzrd to remove

.Contention 2..from::;the environmental category because

~

lt is.now definite'ly

'L a public health issue that 'should be dealt with at tbe H-.<<.C public hearl g concerning public.c health and safety'. Xt ls no longer merely'n.

"environmental" concern of people in tbe affected areas.

Incidentally, the Citizens are in pos ession of a photocopy of a DER document ln which the AM'shnt Att,orney'eneral for 4be D=-~ questions the advislbllity. of the state granting an industrial waste per 3..t to the PAL o discharge from the Berwick Nuke radionuclides into tbe

~ indicated that Susquehanna River. He PPM appeared to be in non-compliance with the Clean Streams Act because of unresolved problems concerning Danville's drinking watersupply. 'ongressman Musico

. should call 'for an investigation of this muaent violation of Federal law by'he State. Furthermore, tbe Poison Control Center'at Geienger.Hospital, Danville, Pa. should bc commissioned by tbe ERC to independently evaluate this potential danger to public health.

. To summarize, the Citizens have no additional information at this time to spec1fy with particularity answers. to HRC S-2.1 tbru S-2.5.

But, the. Citizens plan to acouire new information based primarily on tbe relevant data concerning tbe pollution of tbe Susquehanna River caused by'be above me'ntioned. criminal acts. This information will be gleaned.

from the unsealed documents in tbe following on-going court proceedings.

The Citizens 'urge the Licens1ng Board. and. all parties to obtain this official information that will.explain, to some degree, tbe extent of 'I tbi's-massive dumping of toxic chemicals, its relationship

~ '

.to tbe l

chlorine issue, 'and the clear and.. certain danger this poses to public

, ~

health and safety.

1. ) Supreme. Court of.Pennsylvsn'a,'astern District .

Docket Ho. 91, 1979.. (Application of the Attorney. Ceneral.

of Pennsylvania. to impanel the Statewide Criminal. Crand Jury).

. 2. ) This case originated at Court of Common Pleas, City of Philadelphia;

~

,, Common Pleas Iiiscellaneous k-otion No. 799-15054.

$ . ) Supreme Court of Pennsylvania, =astern District; miscellaneous Docket Ho; 1/7, 1980.

(Grand Jury Presentment and indictments' Evidence and. testimony presented by t'e Pa. Dept. of Environmental Resources expe'rts relevant to Contention No. 2 will be found in these court records. Xnqui'res should, be sent to the Honorable hicbhacl J.:.agen, Chief Justice,'upreme Court of Pennsylvania, City Hall,Philadelphia, Pa.

The court papers should also be on ile at tbe Prothnotry Of fice, Room 456, in the Philadelphia City =.all.

Contention No. 16 NRC Specific Interro stories

S-16.1) The source of informstton is'the Xmpect'Stetement for tbe g

Herwick Nuke.'pproximately 70 million. gallons of cooling water are calculated, a'ccord1ng. to plant specifications, Co be evaporated;Mto

~ ~

. steam and-vented into the surrounding atmosphere, if and when both reactors come on-line and both operate flawlessly at full rated capacitye The possibility of this ever occurring, however, becomes

'more and more. improbable with each passing day.'

~ ~ ~ ~

. S-16.2). The calculations and conclusions were 'to.be based on

~ 0' government data 'to be compared. with the manufacturers specifications

~

~ i *~

furnished under discovery from the NRC and the'pplicants...which the '

C Citizens never rece1ved, the same as indicated above on Contention Mo. 2.

.'.. Estimations from outside research would in all probability'e

unverifiable and. declared 'inadmissible evidence.. Public.c interest I

interverers, should not be sub)ected to any such possible ent'rapment.

Therefore,.the Citizens. Against Nuclear Dangers move the Licensing

'! e Hoard to issue a'. clari'fy'ing memorandum..that states, unequivocally,'nd

~ ~ 4 e  !'

in considerable detail, how'the HRC re lations will be interpreted

~ ~

'bv this Licensin Board concerning all types of evidence, testimony

~ ~ ~

and discovery 'state'ments at the public hearings. Example: Precisely e

what will be considered admissible and what will. be inadmissible

Otherwise, the -interveners could be (if they have not already been)

~

l

~

tricked into painting themselves into a corner, no matter how they try, in good faith, to comply with the current ultimatums to r'espond to "discovery questions.

Xn addition, the Licensing Hoard, needs to cast off the shadows and explain in ordinary English,. minus the legal mumbo Jumbo, what are the

obligations, restrictions

~,'" and 8 .

~

penalties to be applied to the HRC, and tbe Applicants:and the State for their withholding of'vidential papers, which borders on obstruction of )ustice. The Citizens plan to raise this question, .forthrightly, with the Justice Department I

if a satisfactory explanatory memorandum is not duly promugated.~S-16.3

. Because this question is somewhat enigmatic, gcammatica11y

'-,faulty and illogically constructed, the Citizens are unable to under-

:=.stand, its ac ual meaning. Xf the NRC staff wishes to restate S-16.$

in an understandable syntax, tbe Citiz'ens will be glad to respond.to a

':.;.':-the best of their abilitye In the interim,'ake not'e of the Council 1Q a (

.'::"on "nvironmental Quality's recent directive calling for new evaluations

,:..:in reactor impact statements, dealing with the possibility'f 'all kinds C4 of ma)or accidents, such as accidents that'ight cause large amounts of radiation to be released. (Tbe Citizens are submitting under separate'

..',cover a ..motion,'oncerning many of the contentions, addressed to this

\

issue of potential serious accidents happening at the Berwick Nuke).

Tbe Citizens Against Nuclear Dangers hereby move tbe Licensing to place Contention Ho. 16 in the category of .puolic health and 'oard safety. lf the above mentioned separate motion is granted (or if tbe HHC Commissioners so order) the ER must then be revised immediately '.

to include consideration of such a possibility as an uncontrolled massive release of radioactive steam from the Her~rick Nuke, which is what tbc Citizens inferred in Contention No. 16 from the outset.

The'Citizens would, conclude that the overall impact of evaporated

. ~rater containing large and urideterminable amounts of radiation escaping from the cooling towers, or any other .part of the plant, caused oy an accident at the plant, would be an eminent danger to human life, and should definitely be classi ied by the Licensing Board under the public health and safety category of contentions.

Contention 17 mC Sneclflc Xnterro atorles

.'-:. 8-17-1) Tbe Citizens have no specific information, at this time, to cost-benefit ratio of ultra-blgb-.

~ ~ I help ln determining the.so-called

'r,

.-.'-:=. voltage (UHV) transmission lines. Ve regard UHV lines as inherently dangerous to all living creatures.

a ~e t< e

~:,.'-'---5=37;2) The Citizens are not acquainted with the term "mini, cost-.benefit" e

.'sed. in this question. But, -0be Citizens do support the use of

~ a

-~.:~."transmission lines of voltages do greater than '230 kv, as economically t

,~~.-,.-,-'easible and comparatively safe.

~S-17. ) It is virtually inpoasible

, ~

to answer this question 'because,

= =. once again, tbe'ITIC,and'.the'pplicants, and the Commonwealth o Pennsylvania refuse; with the apparent concurrence of the Licensing Board, to furnish the. necessary basic data requested under di covery',

v I ~ ~

""... -so this petltl'oner could make tbe calculations and then reach certain P

I'onclusions and give specific- answers. 'flthout the required source materials there can be .no-intelligent evaluations. So what should be I

exoected from us7 The petitioners did not intervene to engage ln some sort of bureaucratic guessing game.', Because of this type of governmental shenanigans, tbe Citizens'ase may be irreparably'armed, and the puolic interest certainly vill not be ser'ved by such trickery.

'I Rs ln the above motion, the Citizens Against Nuclear Dangers also

'move the Licensing Board to remove Contention No. 17 from tbe environmental hearings and re-classify this contention on UHV lines's a puolic health and safety matter, for at least the followlrg rea ons:

h

~

On Friday night, April 11, 1980, the island commonwealth of Puerto Pico was thrown into total darkness by an explosion ln a San Juan power plant causing a massive outage. The entire island was blacked out

xo

~

service area) and millions (geographically, about tbe size of pp8:L's of people were without electricity all night because of one ect of sabotage. The national security forces weve placed. on alert because vital services were endangered. The group claiming credit for the explosion r eportedly did it to honor the memory of Saul Podriguez Fstrella wbo authovitics claim was accidentally killed while trying to sabotage a transmission tower {it fell on him) during a 1978 electrical workers st,rikc.. It might be said that Latin Ameri,cans I

are thc type who are excitable and would do a violent thing like that, but, that would not happen in Pennsylvania...right. 'frong! A psychologist from Harrisburg recently told tbe h&C Commissioners that, in bis professional opinion, rioting ~<as possible. over the volatile issue of resterting THI. An emotion packed confrontation took place at a meeting.

before the NRC Commission in 'rFasbington on Friday, .'.arch 21, 1960.

It was convened to discuss the social corrsequences of tbe proposed venting into.tbe atmosphere of radioactive'ases from the damaged TvI rc c or. 4 Quaker clergyman at tbe meeting warned: "Hey, fri,end,

>>e've bad it.. If there's violence, if theve's an eruption of the populet,ion to do something untoward, then I say, friend, it' in your hands," These are the words of a.Pennsylvania pacifist! The psychologist warned that "Unless people get a realistic feeling that they'e in control of their lives aga1n, their angev is going to be. incr easing,"

Thi s type of strong rc a ction, coupled with re coll ection s of the opposition end resolve of thousands of Pennsylvanians in iiortheast and Central Pa. against:"'.ed-Ed and PPchL's abortive plans to build atomic power parks in the recent past, with inter-connecting U::.V transmission lines, should lead observers to contemplate the prospects

of U:-~I toilers toppling all ov r the Susquehanna Valley some ice in the future, if peo le perceive that they are oeing held hostage oy his ex ernal force. There is de initely a m )or sa ety actor involved with UFJ'hat must be addressed by th Licensing Hoard, in the broadest t,erms.

Dated.: April 29, 1980 Corre spon6ent cc: U.S. Reps. <<;ust o 8: cartel Lt. Gov. Scr anton Chm. =nervy Council (Pa.)

P;S. Re spon se s to Applicants 1nter rogato ries ~ill accompany the

'.-:otion pertaining to the Council on environmental Quality, under se arate cover.

Cc~Tl.'" SCAT" 0 SZRVZC" I hsrehy I

certif'y that conies of Citizens ay inst t'nclsar Dan~ers i'otions And. >eolies To lnterro~aroties Corcernin Contentions Nos. o 8: 17 have been serve ors the fo lowing by eposit, in the Unite States mail, first cl ss, this 29th day of April, 1980.

S RViCK 'LEST Charles Hechhoefer, Esq. Dr. Judi h H. Johns ud,

ir . "=lenno. Br i gh t Paris

rs. Colleen "<sr ah Dr. Oscar H. Nr. Gerald Schultz, ~ sq.

r. J= es . Cutchin, Zsq. iir. homes .".. Gerusky Atomic Safety 8: Lic nsing Hoard I'r. Jay Silberg, Zsq.

']PC Sec. Docketing 6: Service Sec.

Atomic Safety 8: licensing Apeal Hd.

- dl~

OHrooOlo 0Y barents Sept.8: DER plans toseal Ihe mouth of the water tunnel anM5Id a lagoon on the shoreline where the polluUonmay be processed.

SepL9: DER admits lt cannot understand the fluctuations in'the flow of the pollutants or where't all I>>

8 uS ue anna coming from.

Sept.13: DER begins a @00,000 project to seal the mouth of '

hug.2: annouces filmy discharge Into Susquehanna the Pittston'Water Tunnel and pump the water into River at Plttston ts "man.made." lagoon for processing.

hng.3: State and federal environmentalists say pollution Sept.15:- Pollutants fiowing into the busquehanna reach of Susquehanna linked to IUegal dumping into a level of 3,000 gallons a day. a'ecord borehole adjacent to Highway Auto Service, . Sept.16: Pollutants flowing Into the Susquehanna i'each a Pittston Twp. record level of 3;000 gallons a day.

hug.4: DER estimates Oow.of oil and chemicab into river ~ Sept.16: Pollutants flowing into the Susquehanna reach a at a rate of 500 gallons per day. new record level of 5,400 gallons per day and

=hug.6: DER says R will enter a mine shaft h.PIttston to federal ofOclals now dpubt plan to skim oil and locate the source of the pollution. chemicals from the lagoon willwork.

.Aug. 7: DER abandons. plans to enter mine shaft when ' Sept. 1V: Der feels lt ts getting 75 percent of the pollutants crews find tlie tunnel blocked. out of the whater tunnel and ZPA 'flowing

)lug.l: Highway Auto Service Is entered by state officials estimates it has spent $ 100,000 todate.

search warrants whBe the level of chemicals 'with Sept.21: The special lnvesUgative grand jury begins its h the Susquehanna jump from 2,700 parts per work In Ph0adelpMa with the first of its

'billion tn 5,000 parts per bllUon. deUberaUons.

hug.9:. h television camera lowered Into boreholes fails to show anything. Sept.23: EPA, after vetoing the stale's plan to process the Environmental ProtecUon Agency (EPA) says pollutants from a lagoon, order an elaborate hug. 10:

5usquehanna problem is "possible bIgger than the "mopping system" for polluUon control.

Gulf of Mexico oil spilL" OcL3: Pollution drops off to a trickle, frustrating officials ability to'put "mopping system" Into effect.

hng.ll: DER reveals dye tests shows anything dumped Oct. 10: EPA informs US. Senator John Heinz it could cost into borehole at Highway Auto likely to come out Pittston Water Tunnel'and into the Susquehanna $ 5 million to clean up the Susquehanna.

River., Oct.19: DER Onally acknowledges Tribune's. Aug. 31

'hug. 12: Federal and. state officials admit polluUon of article that cyanide may have been trucked opto Susquehanna Ued into wld~read and long-term "the mines and warns residents not to drill a'y boreboles.

pattern of illegal dumping Into boreholes all over NortheasternPennsylavania. Oct.20: Reacting to the news about the cyanide, Q.S.

Senator John Heini and Congressman James hng. 13: EPA admits five-of six chem!cals found so'far coming out of the Pittstpn'Water Tunnel cause Florio of New Jersey arrive at PBtston with two dozen staff aides and representaUves from other cancer.

hug. 14: Highway Auto Service appeals DER's order legislators and committees for an oncite closing them down while Oow of pollutants drops inspection. Heinz says the problem Is worse than from 1,000 gallons @day to 200 gallons per day. Three Mile Island.

hug. 16: Federal and state environmentaII4ts Insist there is . 1 Oct.21: The Scrantonian reveals that while the no "motherload" of deadly ch'emicals. congressional team Inspected the site there was no hug. 19: State says because of mines. under the area, control of pollutants flowing hto the river at a rate Northeastern Pennsylvania has become the illegal of 210 gallons per day because recon't high water

'umping capital of Northeastern United States. . had knocked out the collection system.

hug.20: PolluUon of the Susquehanna River now as far Oct.22: Special federal envtronmentalist begin probing south as Harrisburg. boreholes in Pittston and Pitlston Twp. for traces hug.A Fish found near Plttston have traces of cancer ~ of deadly cyanide.

cauying chemicals. Oct.25: Still no gas discovered Inboreholes but trace found hug.25: DER announces anolher fish sample willbe taken in water Oowinginto'river.

next week. Oct,26: The. Tribune exclusively reports that the cyanide hug.27: Hundreds of residents line bank of Susequhanna to originated at Pratt Ec Whitney Aircraft of Canada stage protest over pollution and to urge better LTD., hfontreaI, which admit tedbaveing contracts clean.up. with Hudson Oil ReOnery Co.

SpeL5'ER hug.29: State admits it was investigating illegal dumping Oct.27: Cyanide was discovered ln a borehole but state Into boreholes before the pollution of the officials insist lt is a at a level so low it will not Susquehanna was observed. barm a normally healthy person.

hug. 30: State and federal environmentallsts file detailed Oct. 28:;Cyanide found in a second borehole.

legal action linking the pollution to:Hudson Oil Oct.31: Envlronmentalists find four different locations RefiningCo.ofNew York. were cyanide gas was trapped ln boreholes.

hug.31: The Tribune learns that Hudson Oil Refinery Co. Nov.4: The Scrantonian reports that there are two other bas constantly been ln trouble with New York state . outfalls Into the Susquehanna or Lackawanna

~

officials and lost its license to haul. hazardous ~

Rivers much like the one at Pittston: 'On in wastes, including deadly cyanide believed trucked Dunmore which ls blocked and one ln Jessup which here. Meanwhile, pollution into the river climbs opens 20 feet under water.

dramaUcally from 30 gallons per day to 250 Nov.26:'Hudson Oil filed acUon with Supreme Coui't gallons per day. 'laiming special grand jury has no authority to Sq) t. 1: DER reveals level of chemicals In water doubles. probe outside Pennsylvania.

Sept.2: DER orders back on tne]oo speicai vacuum sipnon Dec. 9: State officals admit they are doing virtvauy to handle incrased pllu tion. nothing now to catch pollution because it is

~ Federal officials say they are thinking about "emulslOed" and impossible to separate from the Installing a permanent processing plant in Pittston mine ater. State. officials also admit EPA has J (A A <<at Opl Ilk al ~ asleaawt alsst

May 1, 1980 DOCKETED USNRC UNITED STATES OF AMERICA &

NUCLEAR REGULATORY COMMISSION MAY 5 1980 w Office o f the Secretly BEFORE THE ATOMIC SAFETY AND LICENSING BOARD QodNnz'4 Smce Brach In the matter of )

)

PPGL E AEC, ) Docket Nos.: 50-387 (SSES 1 6 2) ,) (%588

)

SUSQUEHANNA ENVIRONMENTAL ADVOCATES Supplemental Answers to Applicant PENNSYLVANIA POWER AND LIGHT'S First Round Interro atories As directed by the Board, SEA replies now and files supplemental responses to PPCL's first round interrogatories as follows:

CONTENTION Pl:

1-A-1. The assessment is inadequate because there has been no assessment. PP6L, in describing the effects of the fuel cycle, simply reprinted Table S-3 from the NRC regulations. However, the effect of Radon-222 is now "presently under reconsideration by the .Commission." Presumably, the Commission will determine that there will be a greater impact or effect than had previously been estimated.

Until the Commission publishes a new determination, PPCL s survey of the effects of the fuel cycle is incomplete and the interrogatory cannot be answered.

1-A-2. SEA has no information at this time.

1-A-3. SEA has no information at this time.

1-A-4. An increase in the risk of contracting cancer and of genetic damage in the people and other living things.

continued

t SUSQUEHANNA ENVZRONMENTALWDVOCATES Sun lemental Answers to Ao licant Pae2 1-B-1. a.b. Rn-222 Mining/Milling/Tailings Ra-226 )

Th-230 )

Uranium )

Tritium )

C-14 ~

) Reprocessing Kr-85 )

Ru-106 )

I-129 )

I-131 )

Tc-99 Ra-226 Th-230 ) - From Uranium Hexafluoride production Th-234 From fuel fabrication plants Krypton 83 m Reactor operation 85" m 85 87 88" 89 90 Xenon 131 m 135 Reactor operation 133 m 137 133 138 135 m 139 Iodine 129-136 Reactor operation l-B-l.c. No information available at this time.

1-B-2. Radiological health effects of isotopes have been misrepresented and underestimated by PPCL in its ER, Section .5.2..2. "Radioactivity in Environment,"

in that PPGL chose the "site boundary in the southwest sector" as the location to measure atmospheric releases. The prevailing winds are from the southwest to the northeast. Thus, the northeast sector should have been selected.

SEA has no other information concerning other ways in which health effects of isotopes may have been misrepresented at this time.

1-B-3. Please see answer to 1-A-4. Xn addition, SEA states that:

1) PPGL's estimates of effects of the fuel cycle are based, in many cases, not on its own research, but on NRC research and figu es.

2) The methodology and accuracy of NRC research has been called into question by the Heidelberg Report. SEA respectfully requests; continued

SUSQUEHANNA ENVIRONthENT~ADVOCATES Su lemental Answers to A licant Page 3 1-B-3., continued:

A) That the NRC re-do the research necessary to arrive at these figures in an unbiased manner '-

or commission an unbiased third party to do the research.

B) That the results be made public.

CONTENTION 82:

2-1.a. Tritium Krypton 85 and others Strontium 90 and 89 Iodine 129 and others Xenon 131m 'and others Cesium 13%, 137 Uranium 237, 239 Plutonium 239 and others Americium Curium Activated Zircaloy Cladding

b. SEA has no information at this time.

c. SEA has no information at this time.

2-2. Increased, risk of cancer and genetic defects. SEA has no information on specific types and magnitudes.

2-3. No information available at this time.

2-4. No information available at this time.

2-5. No information available at this time.

2-6. Danville, Pa.

2-7. No information available at this time.

2-8. No information available at this time.

With respect to Interrogatory 2-1, 2-.2, SEA states that, where PPCL's figures are based on NRC data, and not on independent research, these figures should be discarded in light of the Heidelberg Report. The NRC should conduct new, unbiased tests and mon'to 'ng.

continued

4 SUS UEHANNA ENVIRONMENTAL DVOCATES Su lemental Answers o A licant Pa e 4 CONTENTION $ 14:

14-1. 80'o 14-2. The average capacity factor for all nuclear plants to date is about 60t.

The average CF for all nuclear plants the size of SSES is substantially less than 60't (around 55t, according to Charles Komanoff, for plants larger than 800Mw).

sharp drop in capacity factors for large plants was also found .by Saunders Miller, The Economics of Nuclear and Coal Power, NY; Praeger, 1976.

Based on this past performance, SEA contends that an 80% CF is far too opt3Jllist3.c ~

14-3. 60t, for the reasons stated above.

14-4. No information available at this time.

Based on the submission of these answers, SEA intends to participate fully in the litigation of contentions 1, 2, 3, 4 and 14. SEA will furnish information when it is available.

SEA commends the NRC for arranging to have a'et of ASLB reports loaned to the local public document library, and for organizing the documents on file there; and for placing a complete set of the applicable regulations there.

SEA objects to the Board's characterization of SEA's most recent Motion for a Protective Order as being identical to previous motions. This is factually incorrect. Even on its face, the motion was more specific. Furthermore, SEA objects to the denial of the motion, especially since no reason for the denial was cited by the Board.

Dated: April 30; 1980 Respectfully submitted, I hereby certify that copies of this Gerald R. Schultz document were served on all parties to 174 Machell Avenue Dallas, PA 18612 this proceeding.

Zz~- (/ pa~

fLprlJ. <9 J.>ov

. i30CKETED USNRc Ui) ITED STATES O." AK"-HUACA HUCLEAR >- -UL.-'.TOPAZ CO'-" .ISSION MAY 5 1980 0 Office of ~

. Docketing fk "gf ~ter of 0 Bv.

ANlA PO~ AHD LI hT CO.. (Berwick At.omi,c Power Plant)

.'0 and..

-""."Y ZL" CTRXC COOK'EHATT'J", XHC-

{Susquehanna Units 1 and. 2 )

CXTIZEii'S AGAIHST <<UCLEAR DAHG:"PS r".OTXOiXS PHD BZPTXZS TO XHT~~CGATORXES'(NCZWXHG COitT" NTZCNS HOS- ~p 16 @ 17 C HRC Genera1 Xntexro~atorv Ho.

The Citizens Against Huclear Dangers (Citizens) of Ber~~ick,Pa.

in end. to present a few scientific= specialists as witnesses from. I '

. the Hortheast region of the state, who will have a direct knowledge of the local environment,.io addressthe environmental

. contentions" in d.ir ect. testimony and/or cross-examination. Once ihe'puol1c'hearing timetable is publi,shed., the Citizens will'+

~

• invite these knowledgeabl e ind.ividuals $ o testify. Their. identity,.

1 cuali. ications and, .summa~ of .statementy,-..etc., will be forthcoming to all part1es as:so'on as arrangements are made,n a timely ma~er, as will'be prescribed by the Licensing Board.

The original plan to seek.out the professi'onal services of yt prominent expert witnesses from out of the area, who must have pr cise scient1fic da a in their possess" on from the HRC and, the el ctxic companies ( he applicants) before they would agree t,o testi 7, is now out of the question because of the refusal on the part o the applicants, +he State, and the H~C to release the xecuested relevant public documents in, their possession required.

'.3 by'he interveners. The denial of these documents may cause eaarable harm to-.the Citizens'ase. The orders and memoranda that attempt to legitimatize these denials are cet tainly con te stable in F edc x a 1 C ou rt'.

At present, he C1tizens w111 made a concerted effort to persuade the General Accounting Office to furth r audit and, monitor the

• .:.,detrimental effects these denials, and other governmental'irregularities, h

have had. on citizen participation in the perwick licensing case.

HRC Ceneral Interro atorv Po. 2 Tbe Citizens have not yet selected the exact documents to be o fered in evidence at the public hearings. However, the Citizens are

.now studying this matter and, will refer to numerous papers in

" researching relevant issues. These miscellaneous papers are not

...'atalogued or organized in a manner whereby they will be utilized precisely'r exclusively for Contentions Ho. 2, 16 and. 17. Therefore,

~ 1 ~

the Ci izens vill, make available al'1 of these papers, reports, charts, news releases, etc. (numbering thousands of pages) relating to virtually all of the contentions, snd more) to the HRC -for inspection P

and. pbotocopying, as the H>C requested;,at the Federal Building, corner o North Washington Avenue and Linden Street, Scranton, Pa. 18501, upon ritten reoue st, and at a mutually convenient time and dat e.

r1 Contention No. 2 "

BC Speci f 1c ln ter ro a to r 1e s S-2.1) Concerning cesuim-1'57

The Applicants have erred 1n not estimating the long term environmental impacts of residual radiation occurring in the riveroed sedimentation. An example of which was

." vealed in an extensive scienti ic government study conducted on th1s type of radioactive waste found in the silt, downstream from the outflow at the Savannah Piver nuclear complex.

Concerning cobalt-60, cesuim-134, iod1ne-151 end any other radionuclides to be discharged. from the Berwick Nuke: Because the Applicants refuse to furnish the Citizens with the necessary infomat1on

I

~-

'requested under discovery, dated May 22, 1979, namely, lte s 10 and

~

also discovery requests dated July 25 1979, page 2, items 1, 2, and 3, the Citizens must request an extentlon of time, pursuant to the Licensing Board. Order, dated .April ll, 1980, to develop .some information

'I from other sources to further answer the specific interrogatories of ~

tbe HRC, Nos. S-2.1 thru S-2.5.

Precisely because the >tRC refused to comply with the Citizens'iscovery requests dated July 25, 1979, namely items 1,2,3,and 4, tbe

.Citizens are unable to submit particular comparative figures as answers.

to these. same spec1fic questions. As a result, the Citizens'ase

'a be r

irreparably harmed.

I Nevertheless,'s soon as comparative-data from the NRC and the D=-R are forthcoming, tbe errors will be identified.

As ln the instances cited above, the Commonwealth of Pennsylvania, a so-called "interested. party"'o the intervention, has not provided most of the public documents required by. tbe Citizens to answer the specific interrogatories'o Contentions 2," namely the Citlz ns discovery

~

requests to tbe D~ .dated Day 22, 1979, items'Nos. 19 and 20.:"ost of the state' responsed were grossly incomplete and virtually useless...

with one notable 'exception, concerning the drinking water issue, mentioned below.

. Zt is apparent.'from the above citations'of stonewalling on tbe part of the government ln denying public'eview of public records, that a very disturbing and questionable pattern has developed designed to exclude meaningful public examination of the environmental and health and safety records of the:Berwick operating licens" ng case.

Therefore, the Citizens hereby petition the Honorable. Raphael:-'.usto of Plttston, Pa., the newly elected U.S. Representative for the,lith Congressional District of Pennsylvania to intercede in the public 1nterest

and.'promptly determine if this apparent wrongdoing can be rectified.

The following facts should convince Congressman Kusto of the urgency of this petition, which. relates to a tragic sltuatlon that be is all too well acquainted. with.

Tbe NRC' specific cuestions concerning chlorine relesses nust be rephrased to take into consideration the magnitude of the water problems on the river, because there exists a maJor miscalculation'due to unforeseen detrimental envlronzaihZ. circumstances that are beyond the control of the Applicants, out must be addressed nonetheless.

This matter, outlined below, is in response'to tbe specific ques4lons

..'bout chlorine..

Tbe'-.adverse b'eall effects from the discharge of chlorine from the

~

~

Berwlck plant into tbe Susquehanna River will be substantially greater

~,

than'stimated by tbe Applicants, due to planned government endorsed.

~

large-scale.mining of Anthracite coal commencing ln the near future.

'he necessity'f .continual pumping of billions of gallons of mine acid

.drainage.into th'.Susquehanna I

Elver from numerous existing abandoned mine workings covering hundreds o souare miles, to make poss'able thc.

neW mining OperatiOnS, Well 1n tuM neoeSS14e4e maSS1Ve lnCreaaeS ln

~ J the use .of chlorine at the Applicants atomic power plant.

r ~

Another ma Jor source of serious pollution, located. about 20 miles upstream. from the Berwick plant, that will require the Appllcan s to E

further increase the usc of chlorine., ls the Butler Mine '>tater Tunnel

. Haste chemical spills into the Suscuebanna Piver (see the at4acbed

.partial list entitled "Chronology Of Events On The Susquehanna" ).

't is considered by many'overn ent experts to be the worse single occuryance of chemical. pollution ln 4be Commonwealth ' his tory, and perhaps the nation. It ls estimated that, over a period of ime,

bcwdreds of thousands of barrels of highly toxic chemical wastes I

(possibly including radioactive wastes) were covertly dumped down boreboles into abandoned coal mine voids near Pittston, Pa., allegedly by'midnight haulers..".. After nearly one year of frantic and costly.

I attempts to halt the intermittent flows of the. toxic chemical wastes A

. '. in4o tbe Susquehanna.Aver from the Butler Tunnel outflow, tbe DRA and tbe,EE'A are nowhere near stopping the pollution. The= solu4ion is years I

away at a cost of millions 'in taxpayer dollars.

The PPE:L w111 simply bave .to cope with this pollution at. tbe Berwick in-take by revised design engineering to increase, even further, the use of chlorine to demineralize and. clarify tbe river water for

.plant use- lt I m1gbt'take tons of chlorine,each day to do tbe gob!

Because tbe people of Danville, Pa., about 20 miles aownstreem from Berwick, will, as a result, be drinking this highly chlorinated river water mixed with '.harmful and, unacceptable levels of chemical wastes from the Sutler Tunnel seepage and the increasing non-point

'. sources of mine acid drainage, co-mingling to form disease producing

~  % ~

~ ~ ~ .

.,elements in tbe drinking water, tbe following mo4ion is hereby presented to the Licensing Board. The Ci izens Against nuclear Dangers of Berwick, Pa. move the Atomic Safety and Licensing'mard to remove Contention 2..fx'om::;the environmental category because it is.now definite'ly 1

a public health issue that 'should oe dealt with at tbe HHC public

'earing concerning public health and safety. Zt is no longer merely an. "environmental" concern'f people in the af ected areas.

Incidentally, the C1t1zens are in pos ession o>> a photocopy of a Di.R document in which the A~'stant Attorney General for the D=-< questions of tbe state granting I'dvisibility. an inaustrial waste per it to tbe

~

PAL o d1scbsrge from the Berwick liuke radionuclides into tbe

6

/

Susquehanna R1ver. He ind1cated that PP&L appeared to be 1n non-comp11ance with the Clean Streams Act because of unresolved problems concerning Danville' drinking wat ersupply. Congressman ?'.usto

- should. call for an investigation of this mrna.ent violation of Pederal law by the State. Furthermore, tbe Poison Control Center at Geienger.Hospita3., Danville, Pa. should be commissioned by tbe hRC to independently evaluate this potential danger to public health. 1

. To summarize, tbe Cit1zens have no additional information at this P

time to specify with particularity answers. to HRC S-2.1 thru S-2.5.

But, the. Citizens plan to acouire new information based primarily on tbe relevant data concerning the pollution of tbe Susl;uehanna River caused by'be above me'ntioned, criminal acts. This information will be gleaned from the unsealed documents in the following on-going court proceedings.

The Citizens 'urge tbe Licensing Board. and all parties to obtain this official'nformation that will.explain, to some degree, the extent of tbi's-massive dumping of toxic chemicals, its relationship.to tbe chlorine issue, 'and the clear and. certain danger this poses to public

. t health and 'sa fety.

1. ) .Supreme. Court of.;Pennsylvan'a, 7astern District.

Docket Mo. 91', 1979.. (Application of the Attorney. General.

of Pennsylvania. to impanel the Statewide Criminal- Grand Jury).

. 2. ) This case originated at Court of Common Pleas, City'f Philadelphia

~

. Common Pleas i~>iscellancous I-'ot5.on No. 799-15054.

$. ) Supreme Court of Pennsy'lvania, .astern District; I~3..scellaneouh Docket No; 137, 1980.

(Grand Jury Presentment and indictments' Evidence and.testimony presented by the Pa. Dept. of Environmental Resources expe'rts relevant to Contention N'o. 2 will be found, in these court records. I'nquires should be sent to tbe Honorable hicb el J. =.agen, Chief Justice,'upreme Court of Pennsylvan1a, City Hall,Philadelphia, Pa.

Tbe court papers should also bc on ile at the Prothnotry Office Room 456, in the Philadelphia City =.all.

Contention No. 16 NRC Specific Interro stories

S-16.1) The source of 1nformetion 1s the ympsct'Stetement for the E

Berwlck Nuke; Approximately 70 million gallons of cooling water are r

calculated, a'ccordlng. to plant specifications, Co be evaporated;-&to

~ ~

. steam and-vented into the'urrounding atmosphere, lf and. when both reactors come on-line and both operate flawlessly at full rated.

I capacity. The possibility of this ever occurrln'g, however, becomes

'more and. more, improbabla with each passing day.' ~ ~

S-'16.2). The calculations arid. conclusions were to be based. on ~ t e

~ r government data 'to be compared. with the manufacturers specifications

~

furnished under discovery from the HRC and tbe Applicants...which. the '

1

~ ~

Citizens never xecelved, the same as indicated above on Contention Mo. 2.

~ ~

.; . Estimations from outside research would in all. probability be

-'unverifiable and declared. inadmissible evidence. Public interest I

interverers. should not be subJected. to any such possible ent'rapment. 1

~~

Therefore,.the Citizens. Against Nuclear Dangers move the Licensing -'...

Board to issue a. clarifying memorandum..that states, unequivocally,'nd

~, 1

\

in considerable detail, how'the HRC re lations will be'nterpreted 1

'bv this Licensln Board concerning all types of evidence, testimony I

and discovery 'statements at the public hearings. Example: Precisely

'J what will be considered admissible .and what will. be the "lnterveners could be (if they have not already been) inadmissible?'therwise,

\

tricked into painting themselves into a corner, no matter how they try, ln good faith, to comply with the current ultimatums to respond. to discovery questions.

In addition, the Licensing Board needs to cast off the shadows and explain in ordinary English,. minus the legal mumbo Jumbo, what are the

.." -S obligations, restrictions and penalties to be applied, to the NRC, and tbe Applicants:and the Stat,e 'fox their witbholcLing of evidential papers, which borders on obstruction of )ustice. The Citizens plan to raise this question, forthrightly, with the t'ustice Department if

\

a satisfactory exp1anatory. memorandum 1s not cLuly promugated.'

~ ~

~S-16.3 . Because this question is aomeebat eniSmatic, Srammatica11y

'.--faulty and illogically'onstructed, the Citizens are unable to under-Im

...":= stand. its actual meaning. If tbe NRC staff wishes to restate S-16e3

-' 'n an 1

understandable syntax, the Citiz'ens will be glad to respond. to

--'the best of.'.their abilitye 'In tbe interim,'ake note of tbe Council 1

.;:. on "nvironmental Quality's recent cLirective calling for new evaluations

.:.:.1n reactor impact statements, dealing with the possibility of 'all kinds

"": of maJor accidents, such as accidents that'ight cause large amounts of radiation to be releasecL. (Tbe Citizens are submitting under separate I

.;.cover a.motion,'oncerning many of the contentions, adcLressed to tb1s issue of potential serious accidents happening at the Berwick Nuke).

The C1tizens Against. Nuclear Dangers hereby move tbe Licensing BoarcL to place Contention No. 16 in the category of .public health and, safety. lf P the above mentioned separate motion 1s granted. (or if tbe NHC Commissioners so order) the ER must then be revised. immediately.

to include consideration of such a possioility as an uncontrolled massive release of radioactive steam from the Berwick Nuke, which is what the Citizens inferred in Contention No. 16 from the outset.

The Citizens would conclucLe that the overall impact of evaporated,

~rater containing large and undeterminable amounts of radiation escaping from the cooling towers, or any other. part of the plant, caused oy an accident at the plant, would be an eminent danger to human life, and should definitely be classified by the Licensing Board under the public health and sa fety category'f contentions.

e

• I k

."9 Cont,ention 17

.HRC S eciflc Xnterro atories

".. 8-17-1) The Citizens have no specific information, at this time, 'to

,,help in determining the.so-called. cost-benefit ratio of ultra-higb-.

':~:=.'voltage (UHV) transmission Lines. Ve regard UHV lines as inherently s

':.." "dangerous to all living creatures.

~

I Wk ~

Qr.w, ~

':.'-'--S=17.2} I'be Citizens are not acquainted witb tbe term "mini cost-benefit

'-'..':: used in this question. -But, -She Citizens do support the use of h

-':~,.:transmi'ssion lines '

of voltages no greater than 230 kv, as economica11y

'4 ~ ~ V 'k k l

fea sible'nd. f

~  % ~

comparatively , r sa e.

s

<~~ ~

r

• W . ~

~S-17. } It is virtual'mpoasib1e'o

~ r answer tbis question k

because,.

. once again, the'ITRC,and.'. the'pplicants, and tbe Commonwealth o Pennsylvania refuse; with the apparent concurrence of the Licensing k

Board, to furnish the necessary basic data requested under discovery,

~ "".". -so this petitioner could make tbe calculations and then reach certain .

conclusions and give specific- answers. 'VB.thout the required source k

materials there can be .no.intelligent evaluations. So what should be expected from us? The petitioners 'did. not intervene to engage in some sort of bureaucratic guessing game.' Because of this type of governmental shenanigans, tbe Citizens'ase may be irreparably'armed, and.. the puollc interest certainly will not be see'ved by such trickerye A's in tbe above motion, the Citizens Against Nuclear Dangers also

move the Licensing Board to remove Contention No. 17 from tbe k

environmental bearings. and re-classify this contention on UHV lines as a punllc health and safety matter, for at least the following r easons:

On Friday night, April 11, 1980, the island commonwealth Pico was thrown into total darkness by an explosion in a San Juan of'uerto power plant causing a massive outage. The entire island was blacked out

~ io ~

(geographically, about tbe size of PAL's service area) and millions of people were without electricity all night because of one act of sabotage- The national security forces were placed, on alert because vital sc'rviccs were cndangcred.. The group claiming credit, for the explosion reportedly did it, to honor the memory of Saul Podriguez

="strella, who authori ics claim was accidentally killed while trying to sabotage a transmission t,ower {it fell on him) during a 1978 elect,rical workers st,rike. Xt might be said. that Latin Americans are thc type who are excitable and. would do a violent, thing like that, but, that would "not happen in Pennsylvania... r ight. 'i'ir ong! A psychologist from Harrisburg recently told the ~iC Commissioners that, in his A

professional op1nion, rioting ~<as possible. over the volatile issue of resterting TNX. An emotion packed, confrontation took place at a meeting.

before the NRC Commission in 'Iiashington on Friday, liarcb 21, 19SO.

Xt was convened to discuss the social conscauences of the'roposed venting 1nto.tbe. atmosphere of radioactive gases from the damaged. T~'.X r cac or.uaker clergyma. at tbe meeting warned: "Eey, friend, we'e had it.. Xf there' violence, 1f thcrc' an eruption of tbe populat.ion to do something untoward, then X say, friend, it's in your hands," These are the words of a.Pennsylvania pacifist! The psychologist warned. that "Unless people get a realistic feeling that they'e in control of their lives again, their anger is going to be increasing,"

I This type of strong reaction, coupled with recollections of the opposition and resolve of thousands of Pennsylvaniens in For beast and Central Pa. against .ed-Ed and. PP8:L's abortive plans to build atomic power parks in thc recent past, with inter-connecting U!=.V transmission lines, would lead observers to contemplate thc prospects

of U:-~1'o.~era topplinG all ov r the Sus.".uehanna Valley some ice in the future, if peo le perceive hat they are oeing held hostage oy his external force. There is d.e initely a ma]or sa ety actor involved ~iith UPf that must be addressed by ih Licensin~ Board 1.. the broadest terms.

Dated.: April 29, 1980 Correspondent cc: U.S. Reps. <.usto 8: cartel Lt. Gov. Scranton Chm. =nervy Council (Pa.)

P;S. 3e ponsea to Applicants Znterro.".atories >111 accompany the l'.otion pertaining to the Council on nvironmental Quality, und,er se arate covers Cr~ "l."2'CAT' OF SZ?.VXC ryheart tfy ttat cootes of Oktizens 4tatnat I

tee Xi ncl'sar Dancers otions And. ~eolies To Znterrocaroties Concernin Contentions Nos. lo o: l the United States mail, have been serve first o..

class, the this ollowing by eposit in 29th day of April, 1980.

S-"RViCK 'LTST Zr. Charles 3echhoefer, Esa. 'Dr. Judi h H. Johns ud

<<r. GlennO. Bripht  !:".rs. Coll en !larsh Dr. Oscar E. Paris 7lr. Gerald. Schultz, =so.

James '.". Cut chin, sq. ~ homes::. Cerusky Atomic Safety .". Lic nsing Board kr. Jay Gilbert, 7se.

HPQ Sec. Bocketin~ 8: Service Sec.

Atomic Safe y 8: licensing Apeal Bd.

'ttl'OIIOIO Ot f481llS Sept. 5: DER dl plans to seal the mouth of the watcr tunnel and build a lagoon on the shoreline wherr the polluUonmay be processed.

Sept.9: DER admits It cannot understand the Ouctuations In'the flow of the pollutants or where'l all ii 8 IIS IIB BIIIIII coming from.

Sept 13: DER begins a $ 300,0N project to seal the mouth of '

hug.2: DER annouces filmy discharge Into Susquehanna the PIttstoiiVlater Tunnel and pump the water into River atPlttston fs "man-made." lagoon for processing.

'- hng.3: State and federal env]ronmentatlsts say polluUon Sept.15:- Pollutants flowing Into the Susquehanna reach of Susquehanna Ihked to IUegal dumping Into a level of 3,000 gallons a day. a'ecord borehole adjacent tn Highway Auto Service, ~ - Sept.15: Pollutants Oowing Into the Susquehanna reach a Piltston Twp. record level of 3;000 gallons a day.

hug.4: DER esUmates Oow of oil and chemicals into river Sept.15: Pollutants flowing into the Susquehanna reach ~

at a rate of 500 gallons per day. new record level of. 5,400 gallons per day and,.

hng.6: DER says it will enter a mine shaft Ia Pittston to federal ofOclais now dpubt plan to skim oil and locate the source of the pollution. chemicals from the lagoon willwork.

.Aug.7: DER abandons. plans to enter mIM shaft when Sept.17: Der feels It is getting 75 percent of the pollutants find the tunnel blocked. 'rews out of the whater tunneI and SPA 'flowing

)Lng.5: Highway Auto Service is entered by state oHIclals estimates Ithasspent$ IN,000 todate.

with search warrants while the level of chemicals Sept.21: The special invesUgative grand jury begins Its h the Susquehanna jump from 2,700 parts per work In Phi]adelphta with the first of its

'bllllon to 5,000 parts per billion. deliberations.

hug.9:. g television camera lowered Into boreholes fails to show anything. Sept.23: EPA, alter vetoing the state's plan to process the pollutants from a lagoon, order an elaborate hug. 10: Environmental ProtecUon Agency (EPA) says Susquehanna problem Is "possible bigger than the "mopping systan" for polluUon control.

Gulf of Mexico oil spill." Oct.3: PolluUon drops off to a trickle, frustraUng officials Aug.11: DER reveals dye tests shows anything dumped ablllty to'put "mopping system" Into effect.

into borehole at Highway Auto likely to come out Oct. 10: EPA Informs US. Senator John Heinx it could cost Pittston Vlater Tunnel "and into the Susquehanna $ 5 million to cleanup the Susquehanna.

River., Oct.19: DER finally acknowledges Tribune's. Aug. 3l

'hug. 12: Federal and, state officials admit pollution of article that cyanide may have been truckedPto Susquehanna tied Into wld~read and long-term "the mines and warns residents not to drill a'y boreholes.

pattern of illegal dumping Into boreholes all over Northeastern Pennsylavanla. Oct.20t Reacting to the news about tbe cyanide, Q.S.

Senator John Hetni and Congressman James hng. 15: EPA admits five-of six chemfcals found so far coming out of tb'e Plttston'%ater Tunnel cause Florio of New Jersey arrive'at Piltston with two dozen staff aides and representatives from other cancer.

Aug.14: Highway Auto Service appeals DER's order legislators and commi/tees for an on-site closing them down while Oow of pollutants drops inspection. Heinz says the problem Is worse than from1,000 gallons away to200 gall'onsperday. Three Mile Island.

Ang. 16: Federal and state envlronmentaII$ ts Insist there Is . I Oct.21: The Scrantonian reveals that, while the no "motherload" of deadly chemicals. congressional team inspected the site there was no hug. 19: State'says because of mines under the area, control of pollutants flowing Into theriver at a rate Northeastern Pennsylvania has become the illegal of 210 gallons per day because recent high water

'umping capital of Northeastern United States. . had knocked out the collection system.

hug.20i Pollution of the Susquehanna River now as far Oct22: Special federal environmentalist begin probing south as Harrisburg. boreholes in Pittston and Pitlslon Twp. for traces hug.23i Fish found near Pittston have traces of cancer. of deadly cyanide.

cau$ ing chemicals. Oct.25: Still no gas discovered inboreholes but trace found hug.25: DER announces another Osh sample will be taken in water Oowing into'river.

. next week. Oct.26: The. Tribune exclusively reports that the cyanide hug.27: Hundreds of residents line bank of Susequhanna to originated at Pratt &. Whitney Aircraft of Canada stage protest over pollution and to urge better LTD., ] fontreal, which admit ted haveing contracts clean up. with Hudson OilRefinery Co.

hug.29: State admits it was investigating Illegal dumping Oct,27: Cyanide was discovered in a borehole but state Into boreholes before the pollution of the officials insist it Is a a't a level so low lt will not Susquehanna was observed. harm a normally healthy person.

hug.30: State and federal envlronmentallsts file detailed Oct. 25: 'Cyanide found in a second borehole.

legal action linking the pollution to:Hudson Oil Oct,51: Environmentalists find- four dUierent locations RefiningCo. of New York. were cyanide gas was trapped in boreholes.

hug.31: The Tribune learns that Hudson Oil Refinery Co. Nov.4: The Scrantoniaa reports that there are two other has constantly been in trouble with New York state . outfalls Into the Susquehanna or Lackawanna officials and lost Its license to haul. hazardous ~

Rivers much like the one at Pittston: On in wastes. Including deadly cyanide believed trucked Dunmore which Is blocked and one in Jessup which here. hleanwhlle, pollution into the river climbs opens 20 feet under water.

dramatically from 30 gallons per day to 250 Nov.26:'Hudson Oil filed action with Supreme Court gallons per d ay. 'laiming special grand jury has no authority Co Sept. 1: DER reveals level of chemicals in water doubles. ~ probe outside Pennsylvania.

Sept.2: DER orders back on tne ]on speicai vacuum siphon Dec.9: state officais admit they are doing virtually to handle lncrased pllution. ~

. nothing now to catch pollution because it is

emulsified" and impossible to separate from the .

Spet.5: Federal officials say they are'thinking about Installing a permanent processing plant in Pittston mine ater. State. officials also admit EPA has lAsl sall)I II@ s<<l loasteswt sisal

QQNS 4 -~

s~@s. ~~~87 0 TWO NORTH NINTH STREET,= ALLENTOWN, PA. 18101 PHONE: (215) 821.51S1 LEGAL DEPARTMENT EDWARD M. NAGEL Asselsnl Counsel Aluxneys AllefneVS vce Ptesone.

Oenorsl Counsel sno Seorelsy MURRAY MILKMAN ROBERT K.FULTON HARRIS M. ROSEN 821 5225 821 5225 821 5225 821 5644 G. D. CALIENDO S. JAN HUDDLE STEWART J. BERGER DAVIDJ. DULICK Cnel Cans>> Regulslory Asses 821 5645 821 5521 8?1 4102 821 5581 BRYAN A SNAPP JOHN E. ANTONUK JR.

821 4287 821 4452 ARTHUR PERRY BRUDER 821 42S4 ofay 1, 1980 ROCKETEER MN' )980 p Dr. Judith H. Johnsrud G!5h'ffChE 8'ECTgfgy Co-Director oo~~~a~

Environmental Coalition on Nuclear Power 8r8rrh 433 Orlando Avenue State College, PA 16801 Cv

Dear Dr..Johnsrud:

In supplement to Applicants'nswers to Environmental Coalition on Nuclear Power First Round Discovery Requests, enclosed are the documents listed below in response to the following discovery requests:

Discover Re uest 2 Pennsylvania Power 5 Light Company Sales and Peak Load Forecast dated March 3, 1980 Discover Re uest 3 Study Report for the Susquehanna Steam EZectric Station Mass lmtotification and Evacuation Parts I and II dated December 1979 Also responsive to this request is Revision 1 to the Susquehanna Steam Electric Station Emergency Plan which was mailed to you on February 29, 1980.

Discover Re uest 6 PPgL is considering the following EPA-approved herbicides for use in 1980 for transmission right of way maintenance:

PENNSYLVANIA POWER 6 LIGHT COMPANY

Dr. Judith H. Johnsrud hlay 1, 1980

l. A mixture of equal parts of Garlon 3A and either Amdon 101 or Tordon 101

2. Krenite

3. A mixture of equal parts of Needon 2, 4-D P and either Amdon 101 or'Tordon 101 Sincerely,

.ryan X..SKapp .~~

Enclosures cc: Service List

UNITED STATES OF AMEP.ICA NUCLEAR REGllLATORY COMHI SS I Ofl BEFORE THE ATOMIC SAFETY AtlD LICElfSIflG BOAPD In the Hatter of PENNSYLVANIA POWER far LIGHT COthPAt<Y Docket flos. 50-387 and 50-388 ALLEGHENY ELECTRIC COOPERATIVE, INC.

(Susquehanna Steam Electric Station, Units '1 and 2)

SERVICE LIST Secretary of the Commission Docketing and Service Section U. S. Nuclear Regulatory Commission Office of the Secretary Washington, 0. C. 20555 U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Charles Bechhoefer, Esquire Chairman Susquehanna Environmental Advocates Atomic Safety. and Licensing Board Panel c/o Gerald Schultz, Esquire U. S. Nuclear Regulatory Commission 174 Machell Avenue Washington, D. C. 20555 Dallas, Pennsylvania 18612 Mr. Glenn 0. Bright Atomic Safety and Licensing The Citizens Against Nuclear Dangers Board Panel Mrs. Mary K. Creasy U. S. Nuclear Regulatory Commission 925 East 2nd Street Washington, D.'. 20555 Berwick, PA 18603 Dr. Oscar H. Paris Ms. Colleen Marsh Atomic Safety and Licensing '558 A, R. D. 84 Board Panel t1t. Top, Pennsylvania 18707 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Mr. Thomas M. Gerusky, Director Bureau of Radiation Protection Atomic. Safety and Licensing Department of Environmental Resources Board Panel Commonwealth of Pennsylvania U. S. Nuclear Regulatory Commission P. 0. Box 2063 Washington, D. C. 20555 Harrisburg, Pennsylvania 17120 Atomic Safety and Licensing Appeal Board Panel U.S. f'luclear Regulatory Commission V' Washington, D. C. 20555 DOC~

James M. Cutchin, IV, Esquire Q@rRg Office of the Executi ve Legal Me Gmso Director alice ef the U. S. Nuclear Regulatory Commission >ecR8tinf gc Sec Sepfcev Washington, D. C. 20555 Bra ch